Foreclosing
on a multimillion dollar asset can be costly if mistakes are made.
Join us to learn how to properly navigate through the process or
even hone your foreclosure skills.
An asset manager working for a large lender
or special servicer gets handed a file marked defaulted loan and
they call you for help. They may not know your state’s laws or even
where to begin. Mistakes can happen if the file is not handled the
right way.
Imagine you send a default letter to the
wrong address because you failed to read the notice provision in the
mortgage and your entire case gets reversed for improper notice, or
that you foreclose on the wrong property because the legal
description in your complaint was incorrect, or you missed a large
lienholder that you needed to name in your lawsuit.
This topic will help you create a check list
of items that cannot be missed. It will help you issue spot or even
find lost money your client never knew existed. Foreclosing on a
multimillion dollar asset can be costly if mistakes are made. Learn
how to properly navigate through the process or even hone your
foreclosure skills.
Learning Objectives:
- You will be able to identify the risks involved in
pursuing a claim, i.e. liens, environmental, taxes, etc.
- You will be able to explain the difference between a
judicial and nonjudicial foreclosure.
- You will be able to discuss with the client in making
the right decisions by weighing all options/risks.
- You will be able to review with your client on how to
reach its goals, including finding lost money.
This Live Webinar Covers These Hot Issues:
Pre-Foreclosure Plan
- Know Your Client's Business Goal
- Alternative Remedies
- Considerations: Inspection, Title Review and
Environmental Issues
- Type of Property – Industrial, Commercial, Multi-Family
- Pre-Negotiation Agreement
Loan Document Review
- Tenants - SNDAs
- Assignments
- Inter-Creditor Agreement
- Mezzanine Loan
- Indemnity and Guaranty – NonRecourse; Partial Recourse;
and Full Recourse
Title and Other Issues Need Vetting
- Legal Description
- Liens
- Real Estate Taxes
- UCC
- Condemnation
Election of Remedies
- Judicial vs. NonJudicial State
- Notice of Default or Demand and Acceleration
- Deed-In-Lieu
- Receiver
Judicial Foreclosure
- Necessary Parties as Defendants
- Guaranty Claims
- Timeline
- Receiver
Post-Foreclosure Issues Means to Obtain Title
- Judicial vs. NonJudicial
- Sheriff or Receiver Sale
- Confirmation of Sale and Termination of Receiver
- Confirmation Hearing
Post Foreclosure Title Issues
- Update Minutes of Foreclosure/Title Policy Insurance
- Real Estate Taxes
- Mechanics and Inchoate Liens
- Need to Foreclose/Possess UCC Collateral
Operational Issues
- Lease Obligations/Tenant Improvements
- Enforcement of Lease Obligations
- Management of Property
- Miscellaneous Clean up
Credit Information (Sponsored by Lorman Education Services)
For Detailed Credit Information page
click here
Only registered attendee will receive continuing education credit.
Faculty
Cara M. Houck, Miller, Canfield,
Paddock and Stone, P.L.C.
- Senior principal, Miller, Canfield, Paddock and Stone,
P.L.C.
- Litigation attorney specializing in commercial real
estate workouts and foreclosures on behalf of lenders and
special servicers throughout the Midwest
- Works with a team of lawyers and paralegals handling
billions of dollars in assets each year
- Recognized by Marquis Who’s Who for Excellence in Law,
Leading Lawyers of Illinois and Illinois’ Super Lawyers
- Tried several lawsuits, conducted arbitrations and
appeared before state and federal courts around the country
- Experience in litigation and business background to find
profitable ways of resolving her clients’ commercial real
estate assets
- Member of the American, Illinois and Chicago Bar
Associations and a board member of the Chicago Bar
Foundation
- Conducts regular seminars and workshops on numerous
commercial real estate foreclosure and workouts for a list
of speeches, see
https://www.millercanfield.com/CaraHouck#publications-events
- M.A. degree in business administration, Kellogg School
of Management
- Can be contacted at houck@millercanfield.com,
225 West Washington, Suite 2600, Chicago, Illinois 60606 or
312-460-4239
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