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ForewordForewordPrefacePreface to Part TwoAcknowledgementsReader's ManualFORMS OF FINANCING: DEBT AND EQUITYDebtA DIFFERENT APPROACH TO PROPERTY FINANCINGCORPORATE FINANCE AND PROJECT FINANCEBANK FINANCINGProperty Financing to Cover Financial RequirementsStructured Real Estate FinancingFUND RAISING, SECURITIZATION, AND SYNDICATIONFunding for Real Estate Loans and SyndicationSyndication of Real Estate LoansStructured Real Estate FinancingBANK ROLESBANK LOAN CONTRACTUAL FORMSLOANS FOR DEVELOPNENT PROJECTSPARTS AND STAGES OF A STRUCTURB) LOANAnalysis of the Transaction and Term SheetReal Estate ValuationBasics of Property AppraisalDue Diligence ProcessLegal Due DiligenceLoan AgreementOBJECT AND PURPOSE OF THE LOANCONDITIONS PRECBJENTAMOUNT OF THE LOANINTEREST RATESINTEREST RATE RISK HEDGINGInterest Rate CapCollarInterest Rate SwapLOAN ALLOCATIONLOAN REPAYMENT SCHEDULEFEESFREQUENCY OF DRAWDOWN AND PROCEDURESEVENTS OF DEFAULTPROPERTY INSURANCEREPRESENTATIONS AND WARRANTIESDUTY TO PROVIDE INFORMATIONCOSTS, TAXES, AND ANCILLARY CHARGESCONTRACTUAL COVENANTSBalance Sheet CovenantsFinancial CovenantsLoan Repayment, Interest, and RenegotiationBULLET PAYMENTSPRE-AMORTIZING (SEMI-BULLET)BALLOON PAYNBITFULLY AMORTIZING REPAYMENT PLANSFixed-Capital Loan Repayment PlanFloating-Rate Loan Repayment PlanOTHER REPAYMENT SCHEDULESNegative Amortizing Constant Payment LoanDeclining Payment Loan with Constant AmortizingRESTRUCTURING AND RENEGOTIATION OF REAL ESTATE LOANSGrant of a New LoanDeferral of Payment DeadlinesRestructuring ArrangementEffects of Financial Leverage on Real Estate InvestmentsAN ILLUSTRATION OF FINANCIAL LEVERAGETHE EFFECTS OF AN INCREASE IN VOLATILITYTHE EFFECT OF FINANCIAL LEVERAGE ON RETURNSTHE EFFECT OF FINANCIAL LEVERAGE ON RISK"NO FREE LUNCH"THE MECHANICS OF FINANCIAL LEVERAGETHE EFFECT OF THE SPREADA BRIEF SUMMARY OF WHEN TO USE FINANCIAL LEVERAGEStructured Real Estate Financing Case StudiesSTRUCTURED FINANCING FOR AN INCOME PRODUCING PROPERTYDescription of the TransactionTerm Sheet for an Income Producing PropertySTRUCTURED FINANCING FOR fl REAL ESTATE PORTFOLIO ACQUISITIONDescription of the Portfolio AcquisitionTerm Sheet for the Financing of a Real Estate PortfolioFINANCING OF A REAL ESTATE DEVELOPMENT PROJECTDescription of the Residential Development ProjectTerm Sheet for the Development Project LoanFINANCING A SHOPPING CENTRE: CREDIT APPLICATIONPlayers InvolvedFinancial Analysis and Key FiguresRisk AppraisalRisk Rating and Risk-RewardHybrid Forms of FinancingDESCRIPTIONPROCEDURES FOR ESTABLISHING MEZZANINE FINANCE AND COSTThe Debt ComponentEquity KickerCOVENANTS IN A MEZZANINE FINANCINGECONOMIC IUECHANICS OF HYBRID FINANCINGMezzanine Financing for an Income Producing PropertyPreferred Equity for Development ProjectsWATERFALL PAYOUT AGRENENTINTERCREDITOR AGREEMENTBasel Accords and Effects on Real Estate FinancingBASE IIBASE IIITHE BASEL ACCORDS AND REAL ESTATE FINANCINGSTANDARDIZED APPROACHIRB FOUNDATION AND ADVANCED METHODSTwo Outline of the most relevant legal issues in selected jurisdictionsChinaWhat are the principal securities lenders will require borrowers to provide?What statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities? Does the establishment of a share pledge require their "cession by security"?What claims are secured? For what amount? In the case at issue, does the novation of the underlying debt lead to the maintenance/ extinguishment of the securities assisting the original debt?Is it possible to "divert" such securities (namely, the securities in rem) in order for them to act as collateral for other claims, should the original Loan Agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights? What are the formal requirements for its establishment?Will securities be automatically preserved, should the Borrower`s debt be restructured?In the case of default, how will the securities in pem be enforced?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court? What is the average overall duration of such proceedings?What taxes and levies apply to the establishment of such securities and to their cancellation?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the property in priority to the first-rank mortgage granted to the lender?England and WalesWhat are the principal securities lenders will require borrowers to provide?What statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities?Are there any specific statutory provisions relating to the abovementioned securities; should they be provided in respect of a real estate financing?Should the answer to the above be in the affirmative, what are both the formal and substantive requirements which have to be met for their application? What advantages/ benefits arise therefrom?What liabilities are secured? For what amount? In the case at issue, does the novation of the underlying obligation lead to the maintenance/ extinguishment of the securities assisting the original debt?Is it possible to "divert” such securities (namely, the securities in rem in order for them to act as collateral for other claims, should the original loan agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?What taxes and levies apply to the establishment of such securities and to their cancellation?In the case of default, how will the securities in rem be enforced?Will securities be automatically preserved, should the borrower's debt be restructured?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the Property in priority to the first-rank mortgage granted to the lender?FranceWhat are the principal securities which lenders will require borrowers to provide?What statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities?Are there any specific statutory provisions relating to the abovementioned securities; should they be provided in respect of a real estate financing?Should the answer to the above be in the affirmative, what are both the formal and substantive requirements which have to be met for their application? What advantages/ benefits arise therefrom?What liabilities are secured? For what amount? In the case at issue, does the novation of the underlying obligation lead to the maintenance/extinguishment of the securities assisting the original debt?Is it possible to "divert" such securities (namely, the securities in rem) in order for them to act as collateral for other claims, should the original loan agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?What taxes and levies apply to the establishment of such securities and to their cancellation?In the case of default, how will the securities in rem be enforced?Will securities be automatically preserved, should the borrowers debt be restructured?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the property in priority to the first-rank mortgage granted to the lender?GermanyWhat are the principal securities lenders will require borrowers to provide?What statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities?Are there any specific statutory provisions relating to the abovementioned securities; should they be provided for with reference to real estate financing?Is it possible to ''divert" such securities (namely, the securities in rem in order for them to act as collateral for other claims, should the original loan agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?What taxes and levies apply to the establishment of such securities and to their cancellation?In the case of default, how will the securities in rem be enforced?Will securities be automatically preserved, should the borrower's debt be restructured?Ape banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?What is the average overall duration for the enforcement of a mortgage following the enforcement proceedings?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the property in priority to the first-rank mortgage granted to the lender?IndiaWhat are the principal securities lenders will require borrowers to provide?What statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities?Are there any specific statutory provisions relating to the abovementioned securities, should they be provided for within real estate financing?Should the answer to the previous question be in the affirmative, what are both the formal and substantive requirements which have to be met for their application? What advantages/ benefits arise therefrom?What liabilities are secured? For what amount? In the case at issue, does the novation of the underlying obligation lead to the maintenance/extinguishment of the securities assisting the original debt?Is it possible to "divert" such securities (namely, the securities in ram) in order for them to act as collateral for other claims, should the original loan agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?Will securities be automatically preserved, should the borrowers debt be restructured?In the case of default, how will the securities in rem be enforced?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court? What is the average overall duration of such proceedings?What taxes and levies apply to the establishment of such securities and to their cancellation?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the property in priority to the first-rank mortgage granted to the lender?ItalyWhat are the principal securities lenders will require borrowers to provide?What statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities?Are there any specific statutory provisions relating to the abovementioned securities, should they be provided for within real estate financing?Should the answer to the previous question be in the affirmative, what are both the formal and substantive requirements which have to be met for their application? What advantages/ benefits arise therefrom?What liabilities are secured? For what amount? In the case at issue, does the novation of the underlying obligation lead to the maintenance/extinguishment of the securities assisting the original debt?Is it possible to "divert" such securities (namely, the securities in rem) in order for them to act as collateral for other claims, should the original loan agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?What taxes and levies apply to the establishment of such securities and to their cancellation?In the case of default, how will the securities in rem be enforced?Will securities be automatically preserved, should the borrower's debt be restructured?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the property in priority to the first-rank mortgage granted to the lender?SpainWhat are the principal securities lenders will require borrowers to provide?What statutory provisions apply to such securities?Are there any specific statutory provisions relating to the abovementioned securities, should they be provided for with reference to real estate financing?Should the answer to the previous question be in the affirmative, what are both the formal and substantive requirements which have to be met for their application? What advantages/ benefits arise therefrom?What are the formal requirements for the establishment of such securities? Does the establishment of a share pledge require their "cession by security"?What claims are secured? For what amount? In the case at issue, does the novation of the underlying debt lead to the maintenance/ extinguishment of the securities assisting the original debt?Is it possible to "divert” such securities (namely, the securities hi rem) in order for them to act as collateral for other claims, should the original loan agreement be terminated?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights? What are the formal requirements for its establishment?Will securities be automatically preserved, should the borrowers debt be restructured?In the case of default, how will the securities in rem be enforced?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court? What is the average overall duration of such proceedings?What taxes and levies apply to the establishment of such securities and to their cancellation?Are claims of public/tax authorities granted preferential treatment? Are public/tax authorities able to claim against the property in priority to the first-rank mortgage granted to the lender?
 
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