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Pre-Foreclosure Due Diligence: A Primer

How to Assess Environmental, Building Condition, and Construction Issues Prior to Foreclosure.

Based on the estimated volume of loans with some type of modification, the time will soon come when payment relief and loan accommodations will come to a halt and distressed assets will be in danger of foreclosure.  As lenders consider their options and strategies to recover value from these assets, it is critical to perform thorough due diligence.  Pre-foreclosure due diligence should go above and beyond what was completed during loan origination.

To watch a recording of this informative webinar, click here.

What should this enhanced due diligence look like?  This webinar will cover how to navigate:

  • Environmental liabilities, legal concerns, due diligence scopes, cost estimates and more
  • Building condition issues that can affect value or present liabilities, especially in vacant sites
  • Construction status and evaluating mothballed sites
  • Troubleshooting during COVID – site access, occupant safety, and more

This webinar will be highly valuable as a training or refresher to lenders, special servicers, receivers and other parties involved in the distressed loan process.

Pre-Foreclosure Due Diligence: A Primer

Presenters:

  • Kathryn Peacock serves as Principal and National Client Manager for Partner Engineering and Science, Inc., advising clients on environmental, engineering and construction risks and solutions. With 20 years of experience under her belt, Kathryn has worked on thousands of transactions, subsurface investigations, and site remediation projects for some of the nation’s largest lenders and investors. She holds a bachelor's degree in Soil Science from Prescott College and a Master's in Education from the Arizona Teachers Institute. Kathryn speaks and writes frequently on a wide range of environmental and engineering due diligence topics, and is dedicated to advancing standards and best practices through her active involvement with industry associations such as ASTM.  Read more and connect with Kathryn here.
  • David Quigley is a Partner with Akin Gump, a global law firm. David advises lenders, sellers and buyers on evaluating the environmental liabilities associated with commercial, multifamily and industrial transactions. He develops solutions that are cost-effective and realistic in terms of the role of client as lender and the value of the property or portfolio. David solves problems so that clients can return assets to beneficial use. He has established a strong profile in this space, having developed an environmental due diligence model for use in the foreclosure of commercial properties, and is recognized by Chambers, the independent legal industry referral guide, as among the top environmental transactional lawyers. More generally, David has handled due diligence in connection with acquisitions totaling more than $1 billion in assets. Read more and connect with David here.