Title and Diligence Concerns in Commercial Real Estate Financing

KC Bissett will be speaking at the Origination to Closing – The 2021 California Commercial Real Estate Financing Process webinar. KC's topic will be a discussion of title and related diligence and common issues with respect thereto. Points of emphasis will include common issues and solutions faced by lenders in obtaining title policies.        

• Mechanics Lien Coverage - Discuss the competing concerns of lenders and title company’s relating to mechanics’ lien coverage, as well as how best to deal with situations where there is broken priority and the range of available mechanics lien coverage.
• Other Policies - Identify and review the insurance policies obtained by mezzanine lenders whose collateral is a pledge of membership interests in a real property-owning entity.
• Co-insurance/Reinsurance – Discuss when co-insurance and/or re-insurance is commonly required and how it impacts the negotiation and issuance of the loan policy.
• Survey – Review the role of surveys as part of title review and how they impact coverage available.
• Modification Endorsements – Discuss priority concerns relating to loan modifications and identify available endorsements for different types of loan modifications.