Understanding Real Estate Loan Documents
Friday, October 19, 2018
10:00 am – 12:00 pm CT
Recommended for 2.5 CE Credits
This webinar was developed by a lawyer who has been teaching loan documentation for more than 25 years. Taught at a basic level (for bankers, not lawyers), the instructor will lead participants through all sections of the various required real estate loan documents. The purpose is to create a deeper understanding of why certain documents are required, plus the significance of various sections and verbose language (often referred to as “boilerplate”). Being able to explain document content will add much to customer relationships.
- Real Estate Lien Note/Promissory Note:The note is enforceable against the borrower! Review of each section for content, purpose, rights of all parties and scope of language.
- Mortgage & Deed of Trust:The mortgage or deed of trust is enforceable against the real property interest taken as collateral. Review of each section for content, purpose, rights of all parties, representations and warrantees, plus enforceability.
- Title Commitment and Title Policy:The title policy protects the lender by assuring an acceptable lien position.Knowing what to expect and what to look for is essential to underwriting and closing real estate loans.
- Guarantees:A guarantor of a real estate loan may have limited recourse and/or may execute a special environmental guaranty. Bankers need to understand the types of guarantees specific to real estate loans
Who Should Attend:
Lenders, loan assistants, loan operations personnel, credit analysts and personnel involved in real estate loan review, internal audit and compliance.
Robin Russell has practiced law for 30 years and is licensed in Texas, New York and Massachusetts. She is a fellow in the American College of Bankruptcy and of the American Law Institute. She combines a depth of experience in bankruptcy restructuring and litigation with financial transactions. She has represented corporate debtors, independent directors, liquidating trustees, bondholders, unsecured creditors’ committees, bank groups, private equity funds, landlords, trade creditors and bidders for estate assets in Chapter 11 and Chapter 7 bankruptcy proceedings. She has also represented banks, institutional lenders and corporate borrowers in commercial loan transactions and debt restructurings.
Robin is the principal author of Thomson Reuters’ Texas Practice Guides for both Creditors’ Rights and Financial Transactions and the Texas Bankers Association’s Texas Secured Lending Guide, Texas Problem Loan Guide, Texas Real Estate Lending Guide and Texas Account Documentation Guide. She is a frequent speaker on banking, bankruptcy and financial restructuring related topics and has served as a Chapter 7 Trustee. Robin received her LL.M. in Banking Law from Boston University and her J.D. from Baylor University where she was Editor-in-Chief of the Baylor Law Review and the highest ranking graduate in her class. She clerked for the Texas Supreme Court before beginning her legal career.