Resources

Receiverships for Distressed Commercial Real Estate: Lender, Servicer, and Borrower Concerns, Strafford Webinar

August 17, 2021

Mark Silverman, Chicago-based member and co-leader of Dykema’s Commercial Mortgage-Backed Securities and Special Servicer Group, will join a panel discussion for the Strafford webinar, “Receiverships for Distressed Commercial Real Estate: Lender, Servicer, and Borrower Concerns,” which takes place on August 17, 2021.

This CLE webinar will guide counsel for lenders, borrowers, and loan servicers on seeking or opposing the appointment of receivership for distressed commercial real estate. The panel will also explain how lenders, borrowers, servicers, and prospective buyers can navigate the receivership process.

Outline

  1. Receivership overview
    1. Receivership defined
    2. Types of receiverships
    3. Appointment of the receiver and the receivership order
    4. The receivership process and reporting requirements
    5. Factors to consider when evaluating whether to seek or oppose a receivership
  2. Common legal and business considerations with receiverships
    1. Receivership fiduciary obligations and liabilities
    2. Shelter from lender liability
    3. Borrower bankruptcy issues
    4. Risks to the prospective buyer: no representations or warranties on the property, dealing with a defaulting borrower, title issues, etc.
    5. State court versus federal court: pros and cons
    6. Managing costs of receiverships