4Q09 Perspective: Where Does the Commercial Real Estate Industry Stand Today... and Tomorrow?

4Q09 PERSPECTIVE

Tuesday, November 17, 2009
Doubletree Hotel Cleveland S.
6200 Quarry Lane
Independence, OH 44131
7:30 am Registration & Continental Breakfast
8:00 am – 12:00 pm General Session

PROGRAM

Speakers Include:
Eric Anthony Johnson, Cleveland Cuyahoga County Port Authority Development Finance Authority
Larry Hirsh, RSM McGadrey
Edward Leader, Taft Stettinius & Hollister LLP
John MacFarland, Resource Title
Bruce Lowe, Taft Stettinius & Hollister LLP
Dave Tavolier, Taft Stettinius & Hollister LLP

Importance of Tax Planning – Get Cash in Your Pocket Now, Reduce Risk and Maximize Lower Asset Values

• Maximize federal and state tax refunds
  • Carryback of net operating losses
  • Investment in energy property
  • Tenant improvements related to terminated leases
• Tax issues related to debt forgiveness
• Tax ramifications of walking away
• Take advantage of lower asset values
  • Estate/succession planning
  • S Corporation elections

Strategic Insight to Doing Business in Today’s Market

• Owner/Developer
  • Questions as to how they are positioning themselves in the market with portfolio
  • Obstacles to investments – how to get it financed
  • Restructure of current debt issues
• Receiver/Broker/Atty
  • Questions regarding asset disposition process
  • Obstacles to rapid sale
  • Strategies for lenders/attorneys for rapid asset disposition
• Cost Segregation analysts
  • Questions on debt restructure strategies
  • Creating new value for lender – how to pull added value out of marginal loans
  • Creating new value for owner enhancing reset or sale

What Lenders are Doing with Distressed and Under Performing Properties and Loans

• Bank originated loans: what is being held and what types of loans are being sold
• What is the current volume of under performing loans and in what product types
• The impact of foreclosures on lenders, communities and consumers
• When are banks getting active on problem loans
• Who is a source of financing today
• Senior mezzanine relationship and inter-creditor issues on distressed projects, how to work with participating banks
• Mezzanine lenders as equity holders – what are they stepping into

Legal Strategies and Consideration for Distressed and Foreclosed Projects

•     The foreclosure process – how it works
•     Foreclosure and mechanics lien litigation
•     Lender and borrower rights during redemption
•     Navigating title issues
•     Short sales and redemption from foreclosure
•     Commercial vs. residential foreclosure issues

Spotlight: Cleveland’s Future & Relocation of the Port