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Hot Topics in Mortgage Lending: Dealing with Borrower's Tenants and AIA Contracts

Contains material from Oct 2018

Hot Topics in Mortgage Lending: Dealing with Borrower's Tenants and AIA Contracts
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Session 1: Dealing With the Borrower's Tenants Before and After Closing, Defaults, and Foreclosure - Examine a lender’s rights and remedies and potential liabilities to its borrower’s tenants, including priority issues and SNDAs; lender approvals; the rights and remedies of the borrower’s tenants against the lender or other purchaser-at-foreclosure for pre-foreclosure breaches of the lease by the borrower/landlord; collecting rents from the borrower’s tenants under TARA between a borrower’s default and foreclosure; and post-foreclosure ratification of leases otherwise extinguished by a foreclosure.
 
Session 2: Overview of 2017 Updated Construction Contracts with Key Negotiating Tips and Review Points - Review the updated 2017 AIA documents, as well as some specialty AIA documents published for the first time or updated subsequent to 2007 with annotations. Also review some of the key 2017 updates in the AIA construction contracts, and hear key negotiating tips or review concerns when representing owners and lenders.

Includes: Video Audio Paper Slides


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1. Dealing With the Borrower's Tenants Before and After Closing, Defaults, and Foreclosure (Oct 2018)

Thomas M. Whelan

0.50 0.00 0.00
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(mp4)
29 mins
(mp3)
29 mins
Session 1 —29 mins
Dealing With the Borrower's Tenants Before and After Closing, Defaults, and Foreclosure (Oct 2018)

Examine a lender’s rights and remedies and potential liabilities to its borrower’s tenants, including priority issues and SNDAs; lender approvals; the rights and remedies of the borrower’s tenants against the lender or other purchaser-at-foreclosure for pre-foreclosure breaches of the lease by the borrower/landlord; collecting rents from the borrower’s tenants under TARA between a borrower’s default and foreclosure; and post-foreclosure ratification of leases otherwise extinguished by a foreclosure.

Originally presented: Sep 2018 Mortgage Lending and Servicing Institute

Thomas M. Whelan, McGuire, Craddock & Strother, P.C. - Dallas, TX

Show session details

2. Overview of 2017 Updated Construction Contracts with Key Negotiating Tips and Review Points (Oct 2018)

Bruce Merwin

0.75 0.00 0.00
Preview Materials

Download session materials for offline use

(mp4)
45 mins
(mp3)
44 mins
Paper
(pdf)
185 pgs
(pdf)
73 pgs
Session 2 —45 mins
Overview of 2017 Updated Construction Contracts with Key Negotiating Tips and Review Points (Oct 2018)

Review the updated 2017 AIA documents, as well as some specialty AIA documents published for the first time or updated subsequent to 2007 with annotations. Also review some of the key 2017 updates in the AIA construction contracts, and hear key negotiating tips or review concerns when representing owners and lenders.

Originally presented: Sep 2018 Mortgage Lending and Servicing Institute

Bruce Merwin, Thompson & Knight LLP - Houston, TX