Real Estate Defaults: Drafting and Litigation Issues
November 2010
Real Estate Defaults: Drafting and Litigation Issues for Defaults on Loans, Leases, and Purchase and Sale Contracts
Program Highlights
- Loan Defaults
- Lease Defaults
- Purchase and Sale Contract Defaults
Who Should Attend
- Real Estate Law Attorneys
- Litigators
- Business Law Attorneys
- Bankruptcy Law Attorneys
- Real Estate and Finance Industry Professionals
- Anyone Who Needs to Know About Real Estate Defaults!
Program Description
When obligations are not met under a real property lease, purchase contract, or loan, the party not meeting its obligations can be considered in “default” under the contract, lease or loan in question.
With the economy still stuck in the doldrums, the clauses in purchase and sale contracts, leases, and loan agreements that define “default,” as well as the clauses that provide remedies for the default, are being scrutinized and tested. These clauses, which were sometimes “boilerplate” clauses that were routinely included in documents with not much thought to actual use, are now being tested as leases, purchases, and loans go south. In most cases, both of the parties to a purchase, lease, or loan have the potential to be “in default,” including borrowers and lenders, landlords and tenants, and buyers and sellers.
In this informative program you will learn about default clauses in real estate documents, the remedies available for each kind of default, and how these issues are playing out in lawsuits. You will learn real-life, practical tips for determining when a party really is in default and what to do about it!
The faculty includes both experienced attorneys who handle these matters, ensuring that you get up-to-date guidance from the best experts available! The convenient half-day format helps you fit this important educational experience into your busy schedule.
If you are currently dealing with a real estate default situation, or want to be prepared should you have to deal with a default in the future, this is the CLE program for you!
Don't miss this informative, timely, and practical CLE program…
Register today!
Agenda
8:30 - 9:00 am
Registration
9:00 - 9:10 am
Welcome and Introduction
Extended by Christopher J. Heaphey, Esq.
9:10 - 10:00 am
Loan Defaults
- When is a borrower or a lender “in default” on a real estate loan?
- Analysis of loan agreement provisions addressing default
- Key facts that bear on whether a default has occurred
- Notice issues
- Remedies available
- Common litigation issues that surround loan defaults and loan default provisions in loan agreements
Presented by Robert A. Holmes, Esq.
10:00 - 10:10 am
Networking Break
10:10 - 11:00 am
Lease Defaults
- When is a tenant or landlord “in default” on a lease?
- Analysis of lease provisions addressing default
- Notice and right to cure provisions
- Key facts that bear on whether a default has occurred
- Remedies available
- Common litigation issues that can arise in a lease default situation
Presented by Timothy W. Gordon, Esq.
11:00 - 11:10 am
Networking Break
11:10 - 12:00 pm
Purchase and Sale Contract Defaults
- When is a seller or buyer in “in default” on a purchase and sale contract for real estate?
- Analysis of contract provisions addressing default
- Notice issues
- Key facts that bear on whether a default has occurred
- Remedies available
- Common litigation issues that surround defaults on purchase and sale contracts
Presented by F. Brittin Clayton, III, Esq.
12:00 pm
Adjourn
Planning Committee
Christopher J. Heaphey, Esq.
Holland & Hart, LLP
Aspen, CO
Christopher W. Payne, Esq.
Ballard Spahr, LLP
Denver, CO
Faculty
F. Brittin Clayton, III, Esq.
Isaacson Rosenbaum, PC
Denver, CO
Timothy W. Gordon, Esq.
Holland & Hart, LLP
Denver, CO
Christopher J. Heaphey, Esq.
Holland & Hart, LLP
Aspen, CO
Robert A. Holmes, Esq.
Holme Roberts & Owen, LLP
Denver, CO
Video Replays: December 15, 2010
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| Non Member | $209.00 |
| CBA | $189.00 |
| REALES | $169.00 |
| LITIG | $169.00 |
| CBA | $149.00 |
| New Lawyer | $149.00 |
- General Credits: 3.00
- Ethics Credits:
- EDI Credits:
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