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Receiverships for Distressed Commercial Real Estate: Process, Pros and Cons, Receivership Order Considerations

Lender, Servicer, and Distressed Buyer Considerations

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, December 10, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926
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This CLE course will guide counsel for lenders and loan servicers on seeking or opposing the appointment of a receiver for distressed commercial real estate. The panel will also explain how lenders, servicers, and prospective buyers can navigate the receivership process.

Description

The current commercial real estate market conditions have resulted or likely will result in defaulted loans and distressed real estate and the need for court-appointed receiverships. Lenders and servicers appoint receivers to manage, market, and sell distressed assets during or instead of foreclosure. Receiverships offer several benefits to lenders and servicers, primarily by providing an opportunity to stabilize and maximize the value of the subject property in a relatively quick and cost-effective manner. But, there are several factors to consider.

The lender must be familiar with the process for appointing the receiver, determine who the receiver will be, and demonstrate to the court that the appointment of a receiver will benefit the management of the property and preserve value.

Many states do not have statutes that define what powers a court-appointed receiver may have, so the order should contain all the powers and responsibilities of the receiver. Key provisions include the ability to manage and control property, collect rents, and pay all expenses incurred with managing the property, as well as the power to hire the management company and the leasing agent. The receiver should also be indemnified for any actions taken in compliance with the order.

Listen as our authoritative panel explains the factors that counsel for lenders and servicers should consider when evaluating whether to seek or oppose a receivership for distressed commercial real estate. The panel will also explain strategies for navigating the receivership process.

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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

Benefits

The panel will review these and other notable questions:

  • What factors must be considered by lenders and servicers when evaluating whether to seek or oppose a receivership?
  • What are the critical provisions for any receivership order?
  • What are the benefits and risks to prospective buyers in purchasing a property through a receivership?

Faculty

Ormond, Richard
Richard P. Ormond
Shareholder; Co-Chair Fiduciaries, Receivers & Trustees Group
Buchalter

Mr. Ormond has over 23 years of experience that includes finance, special servicing, loan syndication and...  |  Read More

Silverman, Mark
Mark A. Silverman
Partner
Locke Lord

Most of Mr. Silverman’s clients have one thing in common—they want to get paid what they're owed. When...  |  Read More

Tarshis, Matthew
Matthew S. Tarshis
Principal
Frontline Real Estate Partners

Mr. Tarshis is responsible for leasing the company’s owned portfolio consisting of retail properties. In addition...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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