Jeff Lerman on Commercial Real Estate Loan Workouts
Jeff Lerman has established a nationwide reputation as “The Real Estate Investor’s Lawyer”.
Jeff discusses in detail commercial loan workouts citing case studies. This information is invaluable.
I met Jeff via LinkedIn and as I have gotten to know him I am continually Impressed with his expertise and passion in what he does. This interview is long and I tried to cut it up, but there is so much great information here, I really did not know what to cut!
Who is Jeff Lerman?
Managing Director of Lerman Law Partners, LLP.
San Rafael, California
866-671-5902 (Toll Free)
One of the things clients say they most appreciate about Mr. Lerman is his ability to take complex legal concepts and information, synthesize it and present it in a way that allows an investor to make a good decision quickly.
Mr. Lerman handles acquisitions and sales, entity formation, syndication, commercial leases, loan documents, construction documents, loan work-outs and litigation.
Mr. Lerman frequently lectures on various real estate and litigation topics, has written numerous articles and
has been featured in national news.
- Jeff has appeared on TV, radio and in front of numerous real estate investment clubs as an expert.
- He was the 2007 President of the Marin County Bar Association.
- He’s Managing Partner of his law firm, Lerman Law Partners.
- His credentials also include being Chair of the State Bar Real Estate Litigation Section and of the Marin County Bar Association
Real Property Section.
- Jeff has been practicing law for 30 years and is the former general counsel for two national real estate syndication
companies. He has published articles nationwide and is a
highly sought-after speaker. He’s also a real estate investor
and a real estate broker.
You can visit his website at www.realestateinvestorlaw.com.
NOTE: I have to apologize to Jeff Lerman. Because of our change from Fools Media
Group to Metta Media Group, many of our interviews went out
In Jeff Lerman's case we were not able to get this audio out before he completed the webinar course he discusses in this audio.
To find the complete Loan Workout Course Archive go to
The Ultimate Real Estate Loan Workout Course
by Jeff Lerman
With the right strategy, you could get your lender to agree to:
- Lower your monthly payments
- Reduce your interest rate
- Stop receivership
- Delay the foreclosure process
- Stop the foreclosure process
- Convert to interest only
- Lengthen your amortization schedule
- Reduce or eliminate late fees /penalties
- Extend your loan maturity date
- Even advance you more money to save your property
- But you need to know how to play the game.
What you learn here could make the difference between success and failure in your commercial loan workout negotiation
Listen along as our distinguished panel guides you through the landmines and gives you an easy-to-understand step-by-step action plan to maximize your chances for success in your commercial loan workout.
Here’s just a partial list of what you will learn:
- The 7-step process to virtually every successful commercial loan workout
- 10 questions you must answer before beginning any loan workout negotiation…any one of the answers could radically impact your leverage in the negotiation
- Special workout issues presented by securitized loans
- Special workout issues presented by construction loans
- What is a BOV, when and why you need one, and how to get it without charge
- What works and what doesn’t: An “insiders” look at the lender’s playbook for distressed loan negotiations—this will help you almost read your lender’s mind and push the right buttons at the right time to improve your outcome
- The impact of having multiple lenders
- The impact of having multiple borrowers
- 4 proven strategies to stop a foreclosure sale dead in its tracks
- The danger of waiting too long to attack a sale...why seeking to prevent a trustee sale is always better than trying to set one aside after the fact.
- 4 legal grounds to recover your money damages PLUS your attorney's fees PLUS your lost profits PLUS punitive damages from the lender after a wrongful foreclosure and sale
- 6 ways you can turn the tables on the lender with legal claims of lender liability
- The trap for the unwary borrower that could defeat any breach of contract action against the lender
- 14. 6 different ways your lender might have breached your loan documents that could radically improve your bargaining position in your loan workout negotiation
- 15. How to hold the lender accountable for its broken ORAL promise to extend your trustee sale date
- 16. 5 different varieties of fraud--any one of which could be enough to win your case.
- The duress defense
- The elder abuse remedy
- The difference between a “restructure” and a “workout” and why you must know which term applies to your situation.
- The critical first step that will stack the odds in your favor for a successful negotiation
- What is a “loss share agreement” and why you must know if your lender has one
- “Pre-workout Letters”: which term every investor should push back on
- What is a “clawback” and why you need to know about it
- What is “springing recourse” and “springing lockbox”
- When a nonrecourse loan isn’t—how investors could unexpectedly lose this crucial form of asset protection if they’re not careful
- Alternatives to foreclosure
- The right and wrong way to play “the bankruptcy card”
- What is a “cram down” and how you can use it to turn the tables on the lender
- 4 questions that could determine whether a lender will work with you or dump you
- 5 powerful, proven arguments you can make to convince a lender to keep you in control of your project
- Deed in lieu of foreclosure
- Consensual foreclosure
- How to still make $$ from your project even if you give it back to the lender
- The commercial short sale process
- Forbearance Agreements
- 12 powerful, proven bargaining chips to help convince a lender to work with you
- The “Hail Mary” workout strategy that actually works
- The tax and accounting issues you must understand before you commit to any workout
- Asset protection strategies: what you can and can’t do when your loan is in distress.
- What every investor must understand about fraudulent transfers to avoid criminal and civil penalties.
- How can borrowers identify and minimize their legal risks when contemplating a real estate workout?
- What are some best practices in negotiating a real estate workout agreement?
…and much, much more!
Who Would Need this Home Study Course?