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A short course of lectures
«Property finance»





In the case of default, how will the securities in rem be enforced?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?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?STANDARDIZED APPROACHIn the case of default, how will the securities in rem be enforced?THE MECHANICS OF FINANCIAL LEVERAGEWhat statutory provisions apply to such securities?What taxes and levies apply to the establishment of such securities and to their cancellation?Will securities be automatically preserved, should the borrowers debt be restructured?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?REPRESENTATIONS AND WARRANTIESWhat 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?What taxes and levies apply to the establishment of such securities and to their cancellation?Basics of Property AppraisalDescription of the TransactionWill securities be automatically preserved, should the Borrower`s debt be restructured?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?Will securities be automatically preserved, should the borrower's debt be restructured?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?DESCRIPTIONWhat are the formal requirements for the establishment of such securities?IRB FOUNDATION AND ADVANCED METHODSWhat is the average overall duration for the enforcement of a mortgage following enforcement proceedings?BULLET PAYMENTSWhat taxes and levies apply to the establishment of such securities and to their cancellation?Floating-Rate Loan Repayment PlanWhat are the principal securities lenders will require borrowers to provide?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?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 statutory provisions apply to such securities?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Equity KickerTerm Sheet for the Development Project LoanFREQUENCY OF DRAWDOWN AND PROCEDURESReal Estate ValuationIs 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?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?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?IndiaWhat rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?AMOUNT OF THE LOANStructured Real Estate FinancingWhat are the principal securities lenders will require borrowers to provide?Will securities be automatically preserved, should the borrower's debt be restructured?STRUCTURED FINANCING FOR fl REAL ESTATE PORTFOLIO ACQUISITIONWhat 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?Basel Accords and Effects on Real Estate FinancingBANK LOAN CONTRACTUAL FORMSLoan Repayment, Interest, and RenegotiationWhat taxes and levies apply to the establishment of such securities and to their cancellation?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?COSTS, TAXES, AND ANCILLARY CHARGESCOVENANTS IN A MEZZANINE FINANCINGDebtAre there any specific statutory provisions relating to the abovementioned securities; should they be provided in respect of a real estate financing?What are the formal requirements for the establishment of such securities?What are the formal requirements for the establishment of such securities?CONTRACTUAL COVENANTSOBJECT AND PURPOSE OF THE LOANTHE BASEL ACCORDS AND REAL ESTATE FINANCINGBASE IIIAnalysis of the Transaction and Term SheetForewordWhat taxes and levies apply to the establishment of such securities and to their cancellation?"NO FREE LUNCH"Are there any specific statutory provisions relating to the abovementioned securities, should they be provided for within real estate financing?PrefaceAre 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?LOAN REPAYMENT SCHEDULEAre there any specific statutory provisions relating to the abovementioned securities; should they be provided for with reference to real estate financing?What is the average overall duration for the enforcement of a mortgage following enforcement proceedings?Will securities be automatically preserved, should the borrowers debt be restructured?FINANCING A SHOPPING CENTRE: CREDIT APPLICATIONIn the case of default, how will the securities in rem be enforced?What are the formal requirements for the establishment of such securities? Does the establishment of a share pledge require their "cession by security"?ForewordIn the case of default, how will the securities in rem be enforced?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?THE EFFECT OF THE SPREADAre 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?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?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?Interest Rate CapLegal Due DiligenceWhat are the formal requirements for the establishment of such securities?Grant of a New LoanWhat statutory provisions apply to such securities?What are the principal securities lenders will require borrowers to provide?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?BANK FINANCINGLOAN ALLOCATIONApe banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?AcknowledgementsIn the case of default, how will the securities in rem be enforced?THE EFFECTS OF AN INCREASE IN VOLATILITYTHE EFFECT OF FINANCIAL LEVERAGE ON RISKItalyHybrid Forms of FinancingRestructuring ArrangementCORPORATE FINANCE AND PROJECT FINANCEWhat are the principal securities lenders will require borrowers to provide?Preferred Equity for Development ProjectsIn the case of default, how will the securities in pem be enforced?Are there any specific statutory provisions relating to the abovementioned securities, should they be provided for within real estate financing?SpainOTHER REPAYMENT SCHEDULESEngland and WalesNegative Amortizing Constant Payment LoanFinancial Analysis and Key FiguresFixed-Capital Loan Repayment PlanAre 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?DUTY TO PROVIDE INFORMATIONCONDITIONS PRECBJENTRisk AppraisalSyndication of Real Estate LoansTHE EFFECT OF FINANCIAL LEVERAGE ON RETURNSFunding for Real Estate Loans and SyndicationAre 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?Due Diligence ProcessReader's ManualAre 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?Players InvolvedWhat statutory provisions apply to such securities?What statutory provisions apply to such securities?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?ChinaA DIFFERENT APPROACH TO PROPERTY FINANCINGGermanyAre there any specific statutory provisions relating to the abovementioned securities, should they be provided for with reference to real estate financing?What rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?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?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?RESTRUCTURING AND RENEGOTIATION OF REAL ESTATE LOANSAre there any specific statutory provisions relating to the abovementioned securities; should they be provided in respect of a real estate financing?In the case of default, how will the securities in rem be enforced?FranceWhat 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?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 taxes and levies apply to the establishment of such securities and to their cancellation?BALLOON PAYNBITWhat rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?Preface to Part TwoInterest Rate SwapTwo Outline of the most relevant legal issues in selected jurisdictionsPROCEDURES FOR ESTABLISHING MEZZANINE FINANCE AND COSTStructured Real Estate FinancingFULLY AMORTIZING REPAYMENT PLANSProperty Financing to Cover Financial RequirementsWhat are the principal securities lenders will require borrowers to provide?Risk Rating and Risk-RewardWill securities be automatically preserved, should the borrowers debt be restructured?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 are the formal requirements for the establishment of such securities? Does the establishment of a share pledge require their "cession by security"?FORMS OF FINANCING: DEBT AND EQUITYWhat are the formal requirements for the establishment of such securities?Balance Sheet CovenantsCollarAre 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?What are the principal securities lenders will require borrowers to provide?PROPERTY INSURANCEFinancial CovenantsBASE IIWATERFALL PAYOUT AGRENENTDescription of the Residential Development ProjectFEESBANK ROLESINTEREST RATE RISK HEDGINGStructured Real Estate Financing Case StudiesFINANCING OF A REAL ESTATE DEVELOPMENT PROJECTAre banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?PARTS AND STAGES OF A STRUCTURB) LOANWhat 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?Term Sheet for the Financing of a Real Estate PortfolioLoan AgreementEffects of Financial Leverage on Real Estate InvestmentsMezzanine Financing for an Income Producing PropertyLOANS FOR DEVELOPNENT PROJECTSAre banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?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?PRE-AMORTIZING (SEMI-BULLET)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?INTEREST RATESDescription of the Portfolio AcquisitionTerm Sheet for an Income Producing PropertyWill securities be automatically preserved, should the borrower's debt be restructured?What statutory provisions apply to such securities?EVENTS OF DEFAULTIs 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?FUND RAISING, SECURITIZATION, AND SYNDICATIONINTERCREDITOR AGREEMENTWhat are the principal securities which lenders will require borrowers to provide?What is the average overall duration for the enforcement of a mortgage following the enforcement proceedings?STRUCTURED FINANCING FOR AN INCOME PRODUCING PROPERTYECONOMIC IUECHANICS OF HYBRID FINANCINGDeclining Payment Loan with Constant AmortizingWhat statutory provisions apply to such securities?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?The Debt ComponentDeferral of Payment DeadlinesAre banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?AN ILLUSTRATION OF FINANCIAL LEVERAGEIs 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?
 
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