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John D. Thomason, Executive Vice President – Managing Director, Real Estate Managed Assets Division, Bank of the West
Michael Carp, Executive Vice President, Berkadia Commercial Mortgage LLC
Guy F. (Jeff) Campbell, Senior Vice President, Capital One, N.A
Walter Shuppe, Managing Director-Special Assets, CapitalSource Bank
Jonathan Kohan, Vice President, Capmark Finance Inc.
Robert L. Turnipseed, Jr., Team Leader- Global Restructuring Group, Citizens Bank
Terri Gumula, Vice President-Workouts & Dispositions, Citi
Tim Mazzetti, Executive Vice President, Cohen Financial
James Houlahan, Special Assets Manager, Commerce Bank of Arizona
Robert M. B. Draper, Senior Vice President/Team Leader – Special Credits, Columbia Bank
Edmund Taylor, Managing Director-Global Head of Fixed Income Wind Down Credit Suisse
Patricia Goldstein, Vice Chairman and Head of Commercial Real Estate, Emigrant Bank
Margery Ann Longstreet, REO/Special Asset Manager, Genworth Financial
Lisa L. Kim, First Vice President & Associate General Counsel, Hanmi Bank
John F. Weaver, Managing Director, Helios AMC, LLC
Adam Barsky, Executive Vice President-Chief Risk Officer, IDB Bank
Thomas Stackhouse, Vice President & Senior Credit Officer, Investors Saving Bank
Mark Kleinhaut, Senior Vice President & Eastern Regional Manager, Key Bank
Clark W. Rogers, Senior Vice President, Keybank Real Estate Capital
Stacey M. Berger, Executive Vice President, Midland Loan Services, Inc.
Lori Kohn Neiman, Special Assets-Commercial Real Estate, Northern Trust
Jason West, Executive Vice President, Pinnacle Financial Partners
Mary Montague, Vice President-Special Assets, Provident Bank
Richard Pulido, Principal, Prudential Mortgage Capital Company
Matthew Maiorino Debt Management & Recovery-Commercial Real Estate Workout Division, Sovereign/Santander
Gianluca Montalti, Vice President, Torchlight Investors
Thomas Deane, Managing Director-Head of Dispositions, Wachovia Securities
Dale R. Sullivan, Senior Vice President-Credit Administration, Washington Federal Inc.
Michael Morris, Executive Vice President-Real Estate Banking Group, Zion’s Bank
Bank Special Asset, Servicers, REO and Real Estate Workout Executives Speaking Include:
For more information, please visit: imn.org/bankersforum_m
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twitter.com/imn_realestate hashtag: #NYBankers
linkd.in/imn_realestate
Over 400
registered for our
NYC 2010 bankers forum
For more information, please visit: imn.org/bankersforum_m
C o r p o r a t e S p o N S o r S
M e d i a p a r t N e r S
B r o N z e
p l a t i N u M
S i l v e r
We would like to thank the following Corporate & Media Sponsors for their generous support of the 2nd New York annual Bank & Special asset
executive Forum on distressed real estate
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A g e n d a Forum Day One: Monday, March 28, 2011
7:30am Breakfast… Exhibition Opens
7:55-8:50am Closed Door Session for Bank Workout ExecutivesThis meeting has been a highlight of the forum and will be hosted and attended by special asset/special servicers and real estate restructuring representatives from banks only to candidly discuss the key issues of the day in an open, Q&A format where all are encouraged to participate.Discussion Leaders: Thomas Deane, Managing Director-Head of Dispositions, Wachovia SecuritiesJohn Thomason, Executive VP - Managing Director, Real Estate Managed Assets Division, Bank of the West
8:55am Opening Remarks from IMN
9:00am Are You Planning on Clearing the Log Jam or Will it be a Long Haul? Evaluating The Current Macro Situation & Its Impact On How You Are Working Out, Pricing and Selling• Is the environment improving? Is this changing your workout view? • Impact of current low interest rates and capital costs • Valuation/Loss recognition/Writedowns • Looking ahead • Time for new origination? • Are you increasing the amount of loans/REO you are taking back? • Role of changing accounting rules • Cost of carry • Basle and other regulatory capital considerationsSession Facilitator:John Napoli, Partner, Seyfarth Shaw LLP Panelists: Robert Masters Esq., Sr. Vice President, General Counsel, Corporate Secretary, Chief Compliance Officer, Acadia Realty Trust John D. Thomason, Executive Vice President – Managing Director, Real Estate Managed Assets Division, Bank of the WestDory Wiley, President & CEO, Commerce Street Capital, LLC Patricia Goldstein, Vice Chairman and Head of Commercial Real Estate, Emigrant BankAdam Barsky, Executive Vice President-Chief Risk Officer, IDB BankThomas Stackhouse, Vice President & Senior Credit Officer, Investors Savings Bank
9:45am Exit Strategy Value Maximization: Extend & Pretend vs. Sale vs. Put More Money In• Calculating the cost of carry • Hold on vs. liquidate note/Property • Making up the equity gap • Pitfalls of existing remedies • How to deal with big, ugly problems • Bringing in new capital • Selling the loan back to the borrower • Comparing sale methodologies and returns • TDR analyzing and reportingSession Facilitator:David Fischer, Partner and Co-Chair of the Business Transactions Department, Wildman Harrold Panelists: Dale Strickland, Senior Vice President, Argent Management Evan Blum, Principal, Glass Ratner Advisory CouncilMark Kleinhaut, Senior Vice President & Eastern Regional Manager, Key BankLinda D. White, Partner, SNR DentonBrian Stoler, President & CEO, The Pinnacle Companies
10:30am Refreshments Courtesy of:
Choose (A) or (B)
10:55am (A) Borrower/Bankers Panel on Successful Workouts with Banker: A Case Study of a Workout Negotiation
This case study will have borrowers, bank workout executives, lawyers and other parties akin to the negotiation discuss a workout • Getting the banks attention: Is it a good idea to miss a payment? • Who should you be dealing with? • Addressing performing loans vs. Assets you are managing until sale • Non-payment of loans: Why? • Using receivers • Pre-negotiation agreements • Unsuccessful workout strategies • Are banks offering you a “meaningful restructuring?” • Multiple properties and cross-collateralization issues • Getting off personal guarantees • Communication pre- & post-default • Selling the property: The bank or the borrower • Coming to the table with an exit strategy of a pre-workout modification: Does the deal get done? • What are reasonable concessions? • Buying back your loan • Concerns of working out your loan with a problem bank • Threatening bankruptcySession Chair:Dan Flanigan, Chair-Real Estate and Financial Services Department, Polsinelli Shughart PC
Panelists: Terri Gumula, Vice President-Workouts & Dispositions, CitiPeter Collins, Managing Principal, Forge Capital PartnersDavid Goldwasser, Principal, GC Realty Advisors, LLC Lawrence J. Selevan, Chief Executive Officer, NAI ChesterfieldCarrie Pianin, Ex-Senior Consultant,Otera Capital
10:55am (B) Distressed Hotel Workouts & Exit Options • Working out luxury vs. economy hotels and all other types in-between • Taking back a casino: Is it worth the gamble? • Hotel market segments and economic trends • Where do you see equity infusions coming from? • Brands and management companies in today’s distressed environment: What criteria should be looked at before hiring a brand/management company to help bale you out of a troubles asset? • Relationship between a management company and court appointed receiver • Re-negotiating, replacing or breaking a brand agreement post foreclosure • How should borrowers approach a work out? • Setting a sale price • What factors influence you selling a note or doing a quick off market sale vs. taking an asset to open market?Session Chair: Brett D Anders, Shareholder, Polsinelli Shughart PC Panelists: Wayne Weitz, Principal, Glass Ratner Advisory & CapitalAndrew J. Pace, Director of Development, Hotel Equities Group, LLC Gianluca Montalti, Vice President, Torchlight InvestorsChristian Ruehmer, Managing Director, WestLB AG
11:40am (A) Mezzanine Loans, CMBS & Special Servicing
• Receivers, super receivers and REMIC rules • Is the spectre of an appraisal control event restraining foreclosure activity? • Typical special servicer fees • Master vs. Special servicer responsibility • What happens when an asset is transferred to the special servicer? • What workout strategies are you considering? • How is a discounted payoff, note sale and foreclosure analyzed? • How much flexibility does the special servicer really have?Session Chair: Timothy E. Davis, Partner, White & Williams LLP
Panelists: Edmund Taylor, Managing Director-Global Head of Fixed Income Wind Down, Credit Suisse John F. Weaver, Managing Director, Helios AMC LLCStephen B. Meister, Partner, Meister Seelig & Fein LLPRobert Kline, Principal / CEO, R.W. Kline Companies
11:40am (B) The Receiver/Special Asset Officer Relationship
• Do you need a buy in from the equity owner to be successful? • Banker perspective: The good, the bad and the ugly • Are there restrictions on who can/can’t use a receiver? • Management company/Receiver relationship • Stipulations in appointing a receiver • Sales through receivers • Are lenders using receivers for more than just rent collections? • Receivers & REMIC rules how to deal with a “rogue” receiver • The role of receivers in unfinished construction projects • receiver interference in note salesSession Facilitator:Jeffrey S. Pitcher, Partner, Ballard Spahr LLP
Panelists: Terri Gumula, Vice President-Workouts & Dispositions, CitiRyan Lund, General Counsel, Douglas Wilson Matthew D. Parrott, Partner, Katten Muchin Rosenman LLP
Dave Woodward, Managing Partner and CEO, Laramar Group Gianluca Montalti, Vice President, Torchlight Investors
12:40pm (A) Note & Property Auctions
• When are auctions the best strategy? • Performance of on-Line vs. Open outcry; Current performance vs. 2 years ago • Do you have to put up the marketing $$? What are the other fees involved? • Why are some borrowers still reluctant? • How do auctioneers determine market value? • Defining & insuring success • Self auctions • Hybrid approaches • Selling foreclosed vs. non-foreclosed properties • Quick Sale vs. maximizing value
For more information, please visit: imn.org/bankersforum_m
Session Chair: Rhyne Brown, Executive Vice President, Client Development, NAI Global Panelists: Shiloh Hall, Business Development Manager, Aurora Bank Tim Mazzetti, Executive Vice President, Cohen FinancialSean Randall, REO & Asset Valuation, Great Florida BankJoshua Olshin, President, Tranzon IPG
12:40pm (B) Problem Loans, REOs & Issues that Hinder Sales• Selling small balance loans/REO • Robo-signers: An issue? • Dealing with all the bad title work from the boom years • Mechanics liens & easements issues • Do you have the legal documentation to take back? • Issues with lawsuits • Cross-collateral guarantees • IRS liens: What are the lookback periods? • Defining a commercial reasonable sale • Class “A” vs. Class “C”: Where to sell? Session Chair: Patrick Blount, President/CEO, Benewolf LLCPanelists: John D. Thomason, Executive Vice President – Managing Director, Real Estate Managed Assets Division, Bank of the WestMichael Carp, Executive Vice President, Berkadia Commercial Mortgage LLCMike Lesser, Managing Director, Eastdil SecuredMary Montague, Vice President-Special Assets, Provident Bank
1:25pm Luncheon
2:25pm (A) Loan/Notes Buyers Panel • Buying a note vs. REO • Buying tax liens • Navigating a bank’s special asset department • Approaching a bank to buy loans/REO • Deal underwriting thoughts • Length of due diligence periods • Do distressed borrowers allow for physical inspections? What you can learn by “drive by” inspections • How buyers/owners might go about getting direct deals Session Facilitator: Scott Farb, Chair, National Commercial Real Estate Practice, Reznick Group, P.C. Panelists: Dale Strickland, Senior Vice President, Argent Management Spencer Garfield, Managing Director, Hudson Realty Capital LLCArthur Nevid, Chief Investment Officer, Mountain Real Estate LLCRudy Orman, Senior Vice President- Director of Business Development and Marketing, Residential Credit Solutions, Inc.Marcus Buerosse, Chief Operating Officer, Ridgeback Partners LLC
2:25pm (B) Maneuvering Through the Bankruptcy/Foreclosure Process• Personal vs. Corporate bankruptcy • 363 sale process • Pre-negotiation agreements • Is all your paperwork good or can we expect a commercial property robo-signer scandal • Have you increased or decreased your use of foreclosure? • What makes a deed in lieu attractive? • Do you look at friendly foreclosures? • Do you use foreclosure as a last resort? Session Facilitator:Greg Yates, Partner, Seyfarth Shaw LLP Panelists: Tim Pine, EVP Business Development, Assured Lender Services Robert M. B. Draper, Senior Vice President/Team Leader – Special Credits, Columbia BankChris Demko, Senior Vice President, Fulton FinancialMargery Ann Longstreet, REO/Special Asset Manager, Genworth Financial Steven E. Ostrow, Partner, White and Williams LLP
3:10pm (A) Refinancing: Is the Improving Market Making this Tool More Available?
• White knight financing: Is there any out there at a reasonable price? • Refinancing debt to equity • Impact of declining credit scores of high-net-worth buyers • Time needed to close • Why wouldn’t you refinance the property? • Is there a market for refinancing mezzanine loans? • More equity: How much is needed? • Refinancing CMBS vs. bank loans Panelists: Lonnie Halpern, Vice President, BRT Realty TrustTim Mazzetti, Executive Vice President, Cohen FinancialSean Randall, REO & Asset Valuation, Great Florida Bank Jonathan J. Daniel, President & CEO, Silo Financial
3:10pm (B) Asset Management of REO: Secrets of my Success• How has asset management changed over the past 6 months? • Receivers as asset managers • Should I outsource my asset management function? • Lender liability concerns • Managing commercial vs. residential assets • Renovations and capital improvements • Ensuring tenant retention and marketing to new tenants: Is the bank directly involved?Session Facilitator:Stephen Epstein, Partner, Seyfarth Shaw LLP Panelists: James T. Freel, Senior Vice President-Chief Real Estate Officer, Institutional Asset Management and Custody, Amalgamated BankJerry T. Hudspeth, CEO, Hilco Real Estate Managed Asset Resolutions LLCTom Clement, Director, Mountain Real Estate GroupThomas Deane, Managing Director-Head of Dispositions, Wachovia SecuritiesJoseph L. Springsteen, Managing Director - Business Development, WRH Realty Realty Services, Inc.
3:55pm Refreshments Courtesy of:
4:15pm (A) Evaluating the Loan/Property Buyer and the Certainty of Close• What are you looking for in a buyer? Is price the only consideration? • Confidentiality, Non-disclosure & Master agreements • Proof of funds/Capital • Track record of taking down a loan • Valuation • Capacity to perform • Cash buyer evaluation • Note sale issues • Owner buy backs Session Chair: Thomas Stackhouse, Vice President & Senior Credit Officer Investors Saving Bank Panelists:Walter Shuppe, Managing Director-Special Assets, CapitalSource BankRon Burke, Business Development Director, First Financial Network, Inc.
4:15pm (B) Construction Loan Workouts• Adding additional owner equity: What are the terms? • Self funding • Looking for additional capital providers: Is it getting any easier? • Construction defect, warranties, successor liabilities and related risk management services • Sale market: Is it worth it? Session Facilitator:Stuart Saft, Partner, Dewey & LeBoeuf LLPPanelists:Robert M. B. Draper, Senior Vice President/Team Leader – Special Credits, Columbia BankFrank Giunta, Senior Vice President, Managing Director-Claims and Consulting Group, Americas, Hill International, Inc. William Procida, CEO, Procida Advisors
5:00pm (A) Structured Sales: Seller Finance, Joint Ventures & Participations • Under what conditions would you do a structured sale? • Off-balance sheet entities • A/B structures & loan bifurcation • Does seller financing increase the troubled property’s return? Is it worth the risk? • Joint venture & participation waterfalls • New Structures that would make joint ventures work easierSession Chair: Tom Galli, Shareholder, Greenberg Traurig LLCSabeth Siddique, Director, Deloitte & Touche LLP
5:00pm (B) Restructure/Working Out Non-Cash vs. Cash Flowing: Non-Securitized vs. Syndicated Loans vs. High Net-Worth vs. Institutions
• Pre-negotiation agreements • Maturing vs. non-maturing loans • Dealing with a portfolio lender vs. securitization shop • Recourse provisions • Missed payments • Execution and approval timelines • Workout fees Session Facilitator:Paul Griesmer, Senior Managing Director, FTI Schonbraun McCann GroupPanelists: Robert L. Turnipseed, Jr., Team Leader- Global Restructuring Group, Citizens BankStacey M. Berger, Executive Vice President, Midland Loan Services Inc.Jonathan B. Schultz, Managing Principal, Onyx Equities LLCRichard Pulido, Principal, Prudential Mortgage CompanyRobert Kline, Principal / CEO, R.W. Kline Companies
5:45pm Networking Cocktails Courtesy of
6:45pm Day One Concludes
Forum day one: Monday, March 28, 2011 (cont inued)
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IMN Email: [email protected] Tel: 212 224 3428 Fax: 212 768 2484
8:00am Breakfast… Exhibition Opens8:30am (A) Stabilizing the Property
• Determining how much $$ you need to put in to make the property sellable; What if the amount is too much? • What kind of TI are you willing to offer? • Is it worth keeping the old developer on as the property manager? • When does it pay to get the local government involved? • Convincing the tenants • Coming up with a short- and long-term plan • What to do with the vacant spacePanelists: James Houlahan, Special Assets Manager, Commerce Bank Of ArizonaJonathan Kohan, Vice President, Capmark Finance Inc.Dave Woodward, Managing Partner and CEO, Laramar Group
8:30am (B) Portfolio Monitoring, Analysis, Reporting & Document Review• When is a loan considered a problem? When does it enter special asset/special servicing? • What are the first steps once you get the loan? • What documents do you review? Do you audit the file? • Do you order a new title search, litigation search, and UCC search? • How are problem loans monitored and managed? • 3rd-party credit review: Is it necessary? • Concentration management & Stress testing • Role of guarantor when rating • How frequently are problem loans monitored?Panelists: Greg Owens, Vice President- Senior Real Estate Officer, Bank AnnapolisShaun Murphy, Managing Director, CapitalSource BankJason West, Executive Vice President, Pinnacle Financial Partners
9:15am (A) Formulating a Restructuring Plan• What internal actions do you undertake before commencing workout or restructuring negotiations? • Coming up with a negotiation strategy • Do you need a plan “B”? • Estimating resources needed for the execution of each strategy? • Formulating an action • Working with the borrower to come up with an acceptable borrower plan • Reacting to common problems • What are the signs of imminent workout failure? • Role of originator/account officer in a workoutSession Facilitator:Peter Korda, Partner, Seyfarth Shaw LLP Panelists: Jonathan Kohan, Vice President, Capmark Finance IncRobert L. Turnipseed, Jr., Team Leader- Global Restructuring Group, Citizens BankDavid Goldwasser, Principal, GC Realty Advisors, LLC Mark Kleinhaut, Senior Vice President & Eastern Regional Manager, Key Bank
Richard Pulido, Principal, Prudential Mortgage Company
9:15am (B) Organizing Your Workout Group and Evaluating the Internal Decision Making Process of a Property/Loan Workout
• Still beefing up your unit? • Outsourcing: When/Why; Benefits/Drawbacks • Centralized vs. regional offices • Credit committee makeup • Where does special assets management report in the organization? • Where does the sell/extend/workout decision come from? • Role of loan originator • What are the traits/backgrounds of a successful special asset officerSession Chair:Daryl Hall, Vice President-Multifamily, Asset Management, Freddie Mac
Panelists: Greg Owens, VP - Senior Real Estate Officer, Bank Annapolis Michael Carp, Executive Vice President, Berkadia Commercial Mortgage LLCWalter Shuppe, Managing Director-Special Assets, CapitalSource BankJames Houlahan, Special Assets Manager, Commerce Bank of Arizona
10:00am Refreshments Courtesy of:
10:15am Using a Broker vs. In-house Sale; Building a Successful In-house Sales Team/Process• Small balance loans/REO: Can you find a broker? • By what means do you market loan sales? • Self auctions • Out of your area: Would you use a broker vs. in-house? • Marketing your property via the web • Direct sales: How to get my attentionSession Chair: Samantha Rowan, Managing Editor, Real Estate Finance & Investment Panelists: Kenneth S. Horn, President, Alchemy Properties Inc.Guy F. (Jeff) Campbell, Senior Vice President, Capital One, N.A.Jamie D. Hook, Executive Vice President, First Financial Network, Inc. Paul Brenneke, CEO, Guardian Investment Real EstateMartin Bronstein, Principal, The Situs Companies Matthew Maiorino, Debt Management & Recovery-Commercial Real Estate Workout Division, Sovereign/Santander
11:15am A National and Local Economic Overview: Will 2011 be Different? • Bank consolidation: Will it pick up the pace? • Current absorption rate: When will vacancy be back to pre-great recession numbers? • Sales: Are they picking up? • Are fundamentals more stable? • Is price discovery on the investment sales market improving? • Are regulators and banks trying to decrease the pool of REOs? • Are there realistic scenarios where bank asset quality can improve • Impact of a shock to the already fragile economy system Session Chair: Jeffrey A. Lenobel, Partner and Chair of the Real Estate Department, Schulte Roth & Zabel LLPPanelists: Stephen ROSENBURGH, President & CEO, Dynamic Asset ManagementPhil Mays, Portfolio Director - Commercial Loss Share, Everbank David J. Lynn, Managing Director, ING Clarion PartnersJamie Woodwell, Vice President of Commercial/Multifamilty Research, Mortgage Bankers Association
12:00pm The Regulators Roundtable• Direction on extend and pretend • TDR guidance • Good note/bad note structures with accruing/non-accruing parts • FDIC securitization preview • Interpreting key Dodd-Frank regulations • Too few vs. too many distressed assets in the market Session Chair:Frank D. Tardif, Managing Partner, IRERIS LLCPanelists: Robert Walker, Senior Supervisory Financial Analyst, The Federal ReserveGeorge W. Parkerson, Senior Policy Analyst, Federal Deposit Insurance Corp.Mark Blair, Lead Credit Expert-Northeast District, Office of the Comptroller of the Currency
12:30pm IMN’s 2nd Annual New York Bank & Special Asset Forum on Distressed Real Estate Concludes
Forum day two: tuesday, March 29, 2011
MARRIOTT NEW YORK DOWNTOWN 85 West Street New York, NY 10017 USA
PHONE: 212-385-4900
WEBSITE: http://www.marriott.com/hotels/travel/nycws-new-york-marriott-downtown
Venue InformatIon:
regIstratIon
Standard Registration $1,795
Standard Registration - Early Bird (Expires February 25th, 2011) $1,595
Special Assets Registrations* $695
Special Assets Registrations* - Early Bird (Expires February 25th, 2011) $595
* Special Asset Registration rates are for those who work at banks in the following functions only: Special Assets, Special Servicing, REO, Credit. For rate consideration please email [email protected]
A limited amount of speaking and exhibiting opportunities and food & beverage event sponsorships are still available. For more information, please call Andy Melvin at 212-901-0542 or email [email protected].
CorPorate sPonsorsHIPs anD forum exHIbIts:
Imn offers Convenient Ways to register
TELEPHONE:212-224-3428
9:00 a.m. - 5:00 p.m. • US Eastern Time Monday-Friday
WORLD WIDE WEB: imn.org/bankersforum_m
EmaIL: [email protected]
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