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A short course of lectures
«Property finance»





England and WalesShould 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?Will securities be automatically preserved, should the borrower's debt be restructured?FINANCING A SHOPPING CENTRE: CREDIT APPLICATIONFloating-Rate Loan Repayment PlanNegative Amortizing Constant Payment LoanBASE IIEffects of Financial Leverage on Real Estate InvestmentsSTRUCTURED FINANCING FOR AN INCOME PRODUCING PROPERTYAre 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?FranceShould 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 statutory provisions apply to such securities?Syndication of Real Estate LoansIs 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?"NO FREE LUNCH"ForewordFixed-Capital Loan Repayment PlanWill 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 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?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 is the average overall duration for the enforcement of a mortgage following enforcement proceedings?THE EFFECTS OF AN INCREASE IN VOLATILITYOTHER REPAYMENT SCHEDULESRestructuring ArrangementGermanyTwo Outline of the most relevant legal issues in selected jurisdictionsTHE EFFECT OF FINANCIAL LEVERAGE ON RETURNSAre 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 INFORMATIONDeclining Payment Loan with Constant AmortizingBANK FINANCINGAcknowledgementsWhat are the principal securities lenders will require borrowers to provide?Real Estate ValuationSpainWhat is the average overall duration for the enforcement of a mortgage following enforcement proceedings?FREQUENCY OF DRAWDOWN AND PROCEDURESAre banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?What taxes and levies apply to the establishment of such securities and to their cancellation?CONTRACTUAL COVENANTSAre there any specific statutory provisions relating to the abovementioned securities, should they be provided for within real estate financing?What taxes and levies apply to the establishment of such securities and to their cancellation?OBJECT AND PURPOSE OF THE LOANWhat rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?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?Basel Accords and Effects on Real Estate FinancingFEESPRE-AMORTIZING (SEMI-BULLET)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 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?RESTRUCTURING AND RENEGOTIATION OF REAL ESTATE LOANSFINANCING OF A REAL ESTATE DEVELOPMENT PROJECTForewordWhat 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?LOANS FOR DEVELOPNENT PROJECTSWhat rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?COSTS, TAXES, AND ANCILLARY CHARGESBasics of Property AppraisalWhat are the principal securities lenders will require borrowers to provide?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?Property Financing to Cover Financial RequirementsLoan Repayment, Interest, and RenegotiationStructured Real Estate Financing Case StudiesFULLY AMORTIZING REPAYMENT PLANSBalance Sheet CovenantsTHE MECHANICS OF FINANCIAL LEVERAGEWhat 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?Interest Rate SwapTHE EFFECT OF THE SPREADIn the case of default, how will the securities in rem be enforced?THE BASEL ACCORDS AND REAL ESTATE FINANCINGIs 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?Are there any specific statutory provisions relating to the abovementioned securities, should they be provided for within real estate financing?Hybrid Forms of FinancingDescription of the Portfolio AcquisitionIs 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?Grant of a New LoanWhat taxes and levies apply to the establishment of such securities and to their cancellation?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?LOAN ALLOCATIONChinaPreface to Part TwoLoan AgreementWhat 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?Will securities be automatically preserved, should the Borrower`s debt be restructured?PROCEDURES FOR ESTABLISHING MEZZANINE FINANCE AND COSTLOAN REPAYMENT SCHEDULEAMOUNT OF THE LOANSTANDARDIZED APPROACHWhat statutory provisions apply to such securities?Deferral of Payment DeadlinesWhat is the average overall duration for the enforcement of a mortgage following enforcement proceedings?What are the formal requirements for the establishment of such securities?Ape banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?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?BANK LOAN CONTRACTUAL FORMSWill securities be automatically preserved, should the borrowers debt be restructured?Equity KickerAN ILLUSTRATION OF FINANCIAL LEVERAGEIn the case of default, how will the securities in rem be enforced?Financial Analysis and Key FiguresWhat statutory provisions apply to such securities?What are the formal requirements for the establishment of such securities?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?CORPORATE FINANCE AND PROJECT FINANCEWhat are the formal requirements for the establishment of such securities? Does the establishment of a share pledge require their "cession by security"?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?CollarCONDITIONS PRECBJENTAre 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?FUND RAISING, SECURITIZATION, AND SYNDICATIONShould 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 principal securities which lenders will require borrowers to provide?PROPERTY INSURANCEAre 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 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?Preferred Equity for Development ProjectsWhat are the formal requirements for the establishment of such securities?DESCRIPTIONBASE IIIIn 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?INTERCREDITOR AGREEMENTAre 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 is the average overall duration for the enforcement of a mortgage following enforcement proceedings?What are the principal securities lenders will require borrowers to provide?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 taxes and levies apply to the establishment of such securities and to their cancellation?Structured Real Estate FinancingTerm Sheet for an Income Producing PropertyIndiaIs 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 principal securities lenders will require borrowers to provide?Are there any specific statutory provisions relating to the abovementioned securities; should they be provided in respect of a real estate financing?What 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?IRB FOUNDATION AND ADVANCED METHODSAnalysis of the Transaction and Term SheetIn the case of default, how will the securities in rem be enforced?In the case of default, how will the securities in rem be enforced?Are there any specific statutory provisions relating to the abovementioned securities; should they be provided for with reference to real estate financing?What statutory provisions apply to such securities?Will securities be automatically preserved, should the borrowers debt be restructured?What are the formal requirements for the establishment of such securities?The Debt ComponentFunding for Real Estate Loans and SyndicationWhat is the average overall duration for the enforcement of a mortgage following the enforcement proceedings?What are the principal securities lenders will require borrowers to provide?Mezzanine Financing for an Income Producing PropertyAre there any specific statutory provisions relating to the abovementioned securities; should they be provided in respect of a real estate financing?FORMS OF FINANCING: DEBT AND EQUITYTerm Sheet for the Development Project LoanDebtIs 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?Financial CovenantsWhat 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?What are the formal requirements for the establishment of such securities? Does the establishment of a share pledge require their "cession by security"?Risk Rating and Risk-RewardItalyWATERFALL PAYOUT AGRENENTPlayers InvolvedWhat is the average overall duration for the enforcement of a mortgage following enforcement proceedings?INTEREST RATESLegal Due DiligenceWill securities be automatically preserved, should the borrower's debt be restructured?What statutory provisions apply to such securities?Are banks entitled to enforce a mortgage directly/through a receiver without having recourse to the competent court?A DIFFERENT APPROACH TO PROPERTY FINANCINGDescription of the TransactionWhat are the formal requirements for the establishment of such securities?Will securities be automatically preserved, should the borrower's debt be restructured?Interest Rate CapPARTS AND STAGES OF A STRUCTURB) LOANWhat rights does a share pledge attribute to the pledgee? Are there any arguments against exercising such rights?In the case of default, how will the securities in pem be enforced?COVENANTS IN A MEZZANINE FINANCINGINTEREST RATE RISK HEDGINGAre 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?BANK ROLESWhat taxes and levies apply to the establishment of such securities and to their cancellation?Structured Real Estate FinancingEVENTS OF DEFAULTDue Diligence ProcessWhat are the principal securities lenders will require borrowers to provide?BULLET PAYMENTSDescription of the Residential Development ProjectBALLOON PAYNBITECONOMIC IUECHANICS OF HYBRID FINANCINGReader's ManualWhat statutory provisions apply to such securities?Term Sheet for the Financing of a Real Estate PortfolioTHE EFFECT OF FINANCIAL LEVERAGE ON RISKPrefaceAre 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?Risk AppraisalWhat taxes and levies apply to the establishment of such securities and to their cancellation?REPRESENTATIONS AND WARRANTIESIn the case of default, how will the securities in rem be enforced?
 
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