Pyatt Broadmark Real Estate Fund I Presentation Oct 2015
IMN Brochure September 2014
1. BANK REAL ESTATE WORKOUT, CREDIT, REO AND SPECIAL SERVICERS SPEAKING INCLUDE:
Michael McLennan, SVP Special Assets Administrator Bank of the Sierra
David Bavli, First Vice President, Assistant General Counsel & Director of Special
Assets Bofi Federal Bank
Thomas M. Constantine, Executive Vice President & Chief Credit Officer
Bofi Federal Bank
David Scheiber, Senior Vice President Boston Private Bank & Trust Company
Leslie Reuter, Senior Vice President & Manager-Commercial Special Assets,
California Bank & Trust
Timothy A. Mazzetti, President Investor Services, Cohen Financial
Cyd Petre, Senior Vice President-Special Assets Group Colorado Business Bank
Jonathan Kohan, Vice President Doral Bank
Cheryl Dawson-Voight, Vice President/Credit Administration Manager
El Paseo Bank
Frank Coleman, Senior Vice President-Chief Auditor
Farmers & Merchants Bank
James H. Ketchersid, Senior Vice President-Special Assets Manager
Farmers & Merchants Bank
Chris A. Friis Sr., Senior Vice President, Chief Credit Officer,
HomeStar Bank and Financial Services
Clark Rogers, Senior Vice President, KeyBank Real Estate Capital
Mark Kosminkas, Senior Vice President MB Financial Bank
Arnold Coggeshall, Executive Vice President-Chief Credit Officer & Director
Merchants Bank of California
James Simons, EVP Credit Risk Management One West Bank, NA
Meenas Manjikian, Senior Vice President Rabobank
Prathit Thaker, Vice President, RaboBank
Steve Johnson, Vice President-Special Asset Management Services
Raymond James Tax Credit Funds, Inc.
Dev Strischek, Senior Vice President & Senior Credit Policy Officer-Corporate Risk
Management, SunTrust Bank
Jeff Stargardter, Director, TriMont Real Estate Advisors
Bob Roades, Relationship Manager-Purchased Assets Group
Union Bank of California
Joel Steiner, SVP/Senior Credit Administrator-Real Estate Special Assets Group,
Union Bank, N.A.
Joel Minamide, Senior Vice President-Special Assets Group, U.S. Bank, N.A.
John Z. Barr, EVP/Chief Credit Officer, Valley National Bank
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100+ bank
and financial
institution real
estate credit,
REO and special
asset executives
attend
annually
FEATURING:
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IMN’s online networking
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www.imn.org/bankersla2014
2. l For more information, please visit: www.imn.org/bankersla2014
M E D I A P A R T N E R S
BRONZE SPONSORS
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
IMN would like to thank the following corporate sponsors &
media partners for their generous support of IMN’s 5th Annual West Coast
Bank & Financial Institutions Special Assets Executive Forum on Real Estate Workouts
2
RealEstateInvestment
3. l For more information, please visit: www.imn.org/bankersla2014
CONFERENCE A G E N D A : DAY ONE, SEPTEMBER 9, 2014
12:45 Registration for All Attendees
1:15 Opening Remarks from IMN
1:20 How are you Treating the Problem Assets Left in your Workout Area?
Downgraded Performing Assets?
• What goes into the development of a work out strategy for an aged
asset? • New under- and non-performers coming in… What are you
seeing? Is there a theme?• The latest restructurings… What were
the terms? • Multi-asset borrowers… How have you gotten through
them? • Sale… When has that been the best option? • Loss share
impacts • Litigation complexities • Problem acquired assets • Warranty
breaches… How are you treating? • Impact of asset class • Delinquent
tax liens • What are you doing with special purpose properties? • Your
last successful workout…
Session Chair:
Joel Minamide, Senior Vice President-Special Assets Group
U.S. Bank, N.A.
Panel Participants:
Timothy A. Mazzetti, President – Investor Services Cohen Financial
Meenas Manjikian, Senior Vice President Rabobank
Steve Johnson, Vice President-Special Asset Management Services
Raymond James Tax Credit Funds, Inc.
Joel Steiner, SVP/Senior Credit Administrator-Real Estate Special Assets
Group Union Bank, N.A.
2:05 Origination Overview 2015? Is Disciplined Lending Being Maintained?
The Refinancing New Money Plenary
For those remaining in special assets or increasing their work load on the
credit origination and loan review sides, or completely go back to the dark
side as origination officers this discussion of current underwriting trends will
offer the newest refinancing and origination trends as well as a preview of
what will be coming down the pike for the next cycle or workouts.
• Do you underwrite new business while a customer is in special
assets? • Stress testing during the underwriting process • What do you
see coming back into special assets? • Competition from the non-banks
• Changing credit and loan policy standards • What is driving you
more today credit/risk aversion or volume/yield production?
• What are borrowers’ caring about? • Senior junior debt products
• Negotiation hot buttons… What is being negotiated away? Is
recourse negotiable? • Evaluating specific asset classes • Term and
structure • Credit/origination conflicts? • Dodd-Frank and Basle...
any impact on mortgage lending? • With the possibility of upcoming
inflation should we price fixed or variable? • Global cash flow analysis
Session Chair:
Brian Good, CEO and Founder Eagle Group Finance, L.P.
Panel Participants:
Timothy A. Mazzetti, President–Investor Services Cohen Financial
Cheryl Dawson-Voight, Vice President/Credit Administration Manager
El Paseo Bank
Chris A. Friis Sr., Senior Vice President, Chief Credit Officer
HomeStar Bank and Financial Services
Alexa Lauren Mizrahi, Loan Officer Lone Oak Fund
2:50 Show Me the $$... Bankruptcy and Foreclosed Asset Collections,
Enforcement, Litigation Sale
• Pre-judgment: What you need to do? • Post-judgments: What are
your first steps? • Extraordinary writs • Use of receivers pre- and
post-judgment and in sales • Attorney’s fees and costs incurred during
discovery, litigation and collection: How much? Can they be recovered?
Is it worth chasing down the debtor? • Statutory provisions which may
facilitate recovery of fees and costs • Delinquent tax liens
• Issues that arise when in court • Deficiencies • Shielded and hidden
assets • Guarantor policy: Strategies for spouses, insurance companies
etc. • Foreign debtors • Using a 3rd-party collection agency • Use of
investigators • State laws to be concerned with • Complications arising
due to death of a guarantor • Selling judgments… How much can you
get? • Speeding up the process… Is arbitration a viable option?
• Role of senior management in determining if a case should be
pursued • Litigation and loss share • Recent court stuff you need to
know • Caps and prohibitions on secured creditor’s credit bid in 363
sales • New equity in chapter 11 • Plan of liquidation • Intercreditor
agreements and other CMBS issues • Article 9 issues• 363 vs. DPO:
Which way to go? • When can you credit bid? • Latest from the
courts
Panel Participants:
Michael S. Greger, Partner
Allen Matkins Leck Gamble Mallory Natsis LLP
Sharon Kopman, Vice President of Legal and Business Affairs
Hackman Capital
Nick Iezza, Senior Partner, Spiwak Iezza, LLP
Lisa E. Spiwak, Attorney At Law Spiwak Iezza, L.L.P.
Randy Sugarman, Managing Partner Sugarman Company
3:50 Refreshments
4:15 Dispositions Pricing… What is the Best Path for Disposing Non-and
Under-Performing Loans REO in Today’s Environment
• Are there still notes available for sale? • TDR’s judgments for sale
• Is the flow steady or cyclical? Any particular times within a quarter?
• Are you seeing Individual loans/REO or pools? • The demand side
and expectations • How do you determine initial price? What are
the factors that impact it? • Preparation for going to market • Using
advisors vs. in-house loan sales • How do you vet buyers? • Bid
process: Open or closed? Binding or non-binding? (LOI or PSA?)
• Selling small packages of notes/REO vs individual ones? • Reserve
price strategies • Auction vs. listed price: How are they determined?
• Prices in judicial vs. non-judicial states? • Influence of asset class
and geography • When should the auction be your primary strategy?
Traditional broker? • What criteria makes a good auction/traditional
sale candidate? • Collateral issues • Receiver-managed properties
• Pre- vs. post-foreclosure vs. litigation… Cost and sell time of both
approaches • Judicial auctions • 363 sales • What type of property
would you not auction? • Impact of property condition • What are the
issues with portfolio auctions to consider? • Failed auctions and sales…
What is your next step?
Session Chair:
Mark Fallon, Managing Director NGKF Capital Markets
Panel Participants:
James H. Ketchersid, Senior Vice President-Special Assets Manager
Farmers Merchants Bank
John Dixon, Founder/Chief Executive Officer, John Dixon Associates, INC.
Salman Khan, Managing Principal, Stabilis Capital Management
Reed Gillis, Summit Investment Management LLC
Jeff Thuringer, Vice President, Varde Partners Inc
5:15 Collateral Evaluation Best Practices… Beyond the Good-Looking
Building
• When to perform a collateral review? What should be included?
• Types of collateral and what to look for • Insurance assessment
• When do you need to perform a cross-collateral evaluation?
• Specialty property types • Valuation and leaseholds • Collateral value
erosion • The loan goes bad… What is your next step?
Session Chair:
Dev Strischek, SVP Senior Credit Policy Officer, SunTrust Bank
Panel Participants:
Michael McLennan, SVP-Special Assets Administrator Bank of the Sierra
David Scheiber, Senior Vice President
Boston Private Bank Trust Company
Cyd Petre, Senior Vice President-Special Assets. Group
Colorado Business Bank
Arnold Coggeshall, Executive Vice President-Chief Credit Officer Director
Merchants Bank of California
6:00 Networking Reception
7:00 Day One Concludes
3
4. IMN Email: hotline@imn.org Tel: 212 224 3428 l
CONFERENCE A G E N D A : DAY TWO, SEPTEMBER 10, 2014
4
7:45 Breakfast for Pre-Conference Attendees
8:00-8:45 Pre-Conference, Closed Door, Vegas Rules Discussion for Bank Special
Assets, Credit, Loan Review Risk Management
“Everything that is said in the bank and servicer only discussion stays in the
bank and servicer only discussion.” This session, opened to all Special Assets,
Credit, Loan Review Risk Management executives only, will be a place
where you can candidly discuss key issues of today and bring up anything
that is on your mind in a closed, non-public environment.
Panel Participants:
Michael McLennan, SVP-Special Assets Administrator Bank of the Sierra
Frank Coleman, Senior Vice President-Chief Auditor Farmers Merchants Bank
8:30 Breakfast for all attendees
9:00 Macroeconomics: Are Assets Really Stabilizing? Are we Creating More
Bubbles? What is Really Happening Out There?
• Will the economy continue to improve so we can get maximum
value for our REO and notes we are trying to sell? • Does it look
like the coming wave of loan maturities and ending of FDIC Loss
Share Agreements will result in an increase in product? • Cap rate
compression/expansion • What kind of job/income growth are we to
expect? • Local market/Asset type recovery • Will Interest rate rise?
What will happen to the housing? •The current pace of workouts,
liquidations and foreclosures vs. newly late, non-performing debt and
the current inventory… Does this imply there are several years of
discounted distressed debt and REO? • Is the housing finance bubble
back… Will the banks get in trouble? • We’re 5 years into the
recovery.. Does that mean there are only 2 years left? • The biggest
risk today is…
Gary H. London, President The London Group Realty Advisors
9:20 Borrower Delaying Tactics… How to Minimize Them
• Speeding up litigation • What to do when environmental
complexities arise? • Delays in the sale process • Court schedules…
Is arbitration a viable option? • Settlement agreement breaches
• Communication breakdowns- They aren’t always the same
Session Chair:
Adam Knowlton, Senior Counsel Loeb Loeb
Panel Participants:
Clark Rogers, Senior Vice President KeyBank Real Estate Capital
Nancy Tafoya, Managing Partner Solutions in Practice, LLC
Dev Strischek, SVP Senior Credit Policy Officer, SunTrust Bank
Bob Roades, Relationship Manager-Purchased Assets Group
Union Bank of California
Pierette Mageo, VP, Dept Manager, SAG, SBA, U.S. Bank NA
10:05 Refreshments
10:30 Foreclosures, Deeds-in-Lieu, Discounted Payoffs Sales to the
Borrower
• When do you put a property into foreclosure? • Issues surrounding
the legal right to enforce • Can the lack of standing be cured once
the foreclosure suit has begun? • Advantages and disadvantages of a
deed-in-lieu • Junior liens • When do you act on a deed-in-lieu? • Income
generating vs. non-income generating properties • Cooperative vs. non-
cooperative borrowers • Note vs. short sale • Jurisdictional issues • What
kind of analytics are you examining that might impact this decision?
Session Chair:
Jeff Stargardter, Director TriMont Real Estate Advisors
Panel Participants:
William W. Huckins, Partner
Allen Matkins Leck Gamble Mallory Natsis LLP
David Bavli, First Vice President, Associate General Counsel Director of
Special Assets, BofI Federal Bank
Douglas H. Kraft, Partner Kraft Opich LLP
Joel Steiner, SVP/Senior Credit Administrator-Real Estate Special Assets
Group Union Bank, N.A.
11:15 Receivers: When and How Should you Use them?
• When a receiver can be used • Evaluating a receiver’s qualifications
• Receiver’s powers and duties vary by state… • Property liquidation
• Assignments of rents vs. appointments of receivers • Existing
documentation vs. actual law • Receivers and the courts • Authority
to run business and make changes • Fees structure, costs and cost/
benefit analysis of use • When wouldn’t you need one? • What are
the qualifications/skill set you should be looking for? • Receiver vs.
mortgage in possession vs. liquidating trust? • When would you not
want to bring your bank into the chain of title? • Using receivers in
an owner/operator environment • Environmentally tainted properties
• Resolving deferred maintenance/ project completion • Lender
liability• Loss share and receivers • Junior holder issues • Insurance
considerations • Court stuff of interest • Residential properties and
HOAs • Receiver sales
Session Chair:
Douglas H. Kraft, Partner Kraft Opich LLP
Panel Participants:
Kenneth G. Grams, President CEO Kinetiq Group
Bob Roades, Relationship Manager-Purchased Assets Group
Union Bank of California
Joel Minamide, Senior Vice President-Special Assets Group U.S. Bank, N.A.
12:00 Lodging Assets their Workout Complexities:You can Checkout Any
Time you Like but can you Ever Leave?
• Utilization of management companies, receivers and “receivers light”
• Hotel revenue uses • Credit bidding • The hotel industry… Predictions
and issues for 2014 • Valuations • Brand-related issues • What does
it take to successfully sell a hotel in this market? • Legal issues to be
concerned with while running the hotel • Sale and receiver issues
Session Chair:
Jeffrey Kolessar, Senior Vice President GF Management LLC
Panel Participants:
Jonathan Kohan, Vice President Doral Bank
Clark Rogers, Senior Vice President KeyBank Real Estate Capital
Prathit Thaker, Vice President RaboBank
12:45 Luncheon
1:45 Loan Origination, Credit Review and Workouts: Assessing your
Organizational Relationship Between these Departments
• What is the reporting structure for your organization? • Is the credit
department involved in negotiations on problem credits? • If there is
conflict how is the ultimate decision made? • When does a credit go
from loan review to special assets? • Do you underwrite new business
while a customer is in special assets? • Does the credit and special
assets departments get involved in new origination? Visa versa
Session Chair:
Jonathan Kohan, Vice President Doral Bank
Panel Participants:
Paul H. Nakae, Executive Vice President, Bank of the West
Cyd D. Petre, SVP, Senior Real Estate Credit Officer, CoBiz Financial
Frank Coleman, Senior Vice President-Chief Auditor
Farmers Merchants Bank
James Simons, EVP-Credit Risk Management One West Bank, NA
2:30 TDRs… What does it Take to get an Upgrade Around Here?
• Is it easier or harder to move loans in and out of TDR status? Why?
• The most effective way to reverse an impairment… Sell the
property?… Issues to consider around the sale • Can a loan be
reported as a TDR on a call report be taken off the TDR list once the
loan is again being paid? • Regulatory guidance
Session Chair:
Chris A. Friis Sr., Senior Vice President, Chief Credit Officer
HomeStar Bank and Financial Services
Panel Participants:
Thomas M. Constantine, Executive Vice President Chief Credit Officer
Bofi Federal Bank
Leslie Reuter, Senior Vice President Manager-Commercial Special Assets
California Bank Trust
Mark Kosminskas, Senior Vice President, MB Financial Bank
3:15 Why Workouts Don’t Work Out Fall 2014
The fall 2014 version of this classic session will focus on the latest reasons that
workout officers are unable to cure their problem loans and REOs and will discuss.
• Troubling asset classes or geographies • Clever borrower blocking
actions and methods to defeat • Can’t fix stupid • Hindsight is always
20/20 • When to call no-joy; go home to lick your wounds/drown your
sorrows • Waiting for prices to rise so a borrower can get a better price
• The battle of the appraisers • Making the borrower see the need to
work out • Do pre-negotiation letters help? • Cross-collateralization and
multiple loans to a single borrower • Working out participations
• Syndicate/minority owners and junior lien holders • What type of loans
and REO have been troublesome? • Borrower delaying tactics: How
to eliminate them • Syndicate/minority shareholder issues • Take over
another bank: What issues have you seen? • Judicial issues • Wrongful
foreclosure • Loan document deficiency repair
Panel Participants:
Joseph V. Delaney, CEO, J.V. Delaney Associates
Mark Kosminkas, Senior Vice President MB Financial Bank
Meenas Manjikian, Senior Vice President Rabobank
4:00 IMNs 5th Annual Bank Financial Institutions Special Assets Executive
Conference on Real Estate Workouts (West) Concludes
5. l For more information, please visit: www.imn.org/bankersla20145
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For more information, please call Andy Melvin at 212-901-0542 or
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VENUE INFORMATION: REGISTRATION
Special Assets Registrations* - Early Bird (Expires August 8, 2014) $595
Special Assets Registrations* $695
Early Bird Registration (Expires August 8, 2014) $1,695
Standard Registration $1,895
On-Site Registration Rate $1,995
* Discount rate applies to those in special assets, workouts, credit REO who are
employed at banks only. For approval please email sglener@imn.org
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