The Property Line Podcast - Season 2: Real Estate Financing During the Pandemic

The Property Line is a brief and lively discussion of the biggest issues facing the commercial real estate industry. The podcast will deliver insights from Seyfarth’s real estate lawyers and other industry leaders on current market trends and how they impact all facets of commercial real estate.

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Season 2: Real Estate Financing During the Pandemic

Episode 1: Real Estate Finance State of the Market

While uncertainty due to COVID-19 continues to reverberate throughout the markets, certain sectors are on a path back to stability and a “new normal.” Jay Wardlaw and Daniel Evans, the co-chairs of Seyfarth’s Real Estate Finance practice, join to kick-off our next season and, in this episode, reflect on:

• Repercussions due to the pandemic’s effect on leasing
• Current state of the real estate finance market
• Forbearance and enforcement

Episode 2: Impact of Governmental Responses to COVID-19

Federal and state governments have stepped in to help mitigate the economic damage caused by the pandemic, changing the ways in which lenders operate and their ability to enforce remedies. This episode discusses:

• Government responses to date, including foreclosure and eviction moratoriums, and the impact they have had on lenders
• Oregon House Bill 4204 and why it has sparked so much interest

Episode 3: Stepping Through the LIBOR Morass: Key Developments, Dates, and What’s Next

US dollar LIBOR (the London Inter-Bank Offered Rate) has been one of the most widely utilized reference rates in floating rate commercial real estate lending for more than 30 years. Following concerns pertaining to possible LIBOR manipulation, various regulatory bodies have called for the replacement of LIBOR with a different reference rate, which will affect trillions of dollars of contracts when it is effectuated. Seyfarth Real Estate partners Gordon Peery and Willard Moore join this episode to discuss:

• Is it actually happening this time?
• In preparation, what have lenders been doing?
• What does the crystal ball predict for the year ahead?

Episode 4: Loan Modifications – Current Landscape and Sector Trends 

COVID-19 has impacted the world of commercial real estate finance in many unique ways. In this new environment, borrowers, guarantors, servicers, and lenders have been confronted with difficult decisions. Seyfarth Real Estate partners Arren Goldman and Tobi Pinsky join this episode for a discussion on:

• What’s happening in the market with respect to requests for relief and loan modifications
• How this downturn is different than the Great Recession from a loan servicing/workout perspective
• Ways troubled mortgage loans are being addressed within particular real estate sectors

Episode 5: Nuts and Bolts of Loan Modifications

In today’s volatile market, commercial real estate loan modifications are an important tool to address loans that are, or may soon be, in default. They can also be valuable in connection with routine servicing requests. Seyfarth Real Estate partners Arren Goldman and Tobi Pinsky return to discuss:

• Initial steps for loan modifications and the importance of pre-negotiation agreements
• Obstacles that lenders and borrowers may face when modifying a loan, including costs, timing, and pandemic-related issues
• Key takeaways for when a loan modification does not work

Episode 6: The State of Mezz in NY State

The pandemic’s impact on real estate is well documented, but how have current events affected the less-publicized mezzanine loan market? How have courts addressed the New York mortgage foreclosure moratoria in the mezzanine loan context? What is clogging the equity of redemption and why is it important now? Seyfarth Real Estate partners Willard Moore and Megan Vallerie join to discuss all this and more.