Archives

31 August 2011

Hotel Lenders: Do you know how due diligence for hotel lending differs from due diligence for other commercial real estate lending? More expertise, more time, more resources.

We have seen far too many hotel lenders “who don’t know what they don’t know” when underwriting a hotel loan, but then get a very expensive education post foreclosure. The due diligence required in hotel lending is far more intensive than for any other kind of real estate lending and requires far more expertise. The article below by my partner Guy Maisnik gives a few examples.

If you would like a refresher as to why hotel lending is different from other kinds of real estate lending, you may want to refer to (see, Why hotel lending is different and 8 pitfalls of hotel lending and how to avoid them).

Please see the links at the end of this article for other articles in the “What every hotel lender needs to know” series.

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24 August 2011

Hotel Lenders: Will you control the revenues of your hotel after foreclosure? Are you sure? What could go wrong? A lot can go wrong with lender expectations in a hotel loan unless the hotel loan documents are prepared by knowledgeable hotel lending lawyers.

In today’s blog post, Guy Maisnik highlights the importance of the hotel lender keeping control over revenues post foreclosure, and explains why it doesn’t always happen.

If you would like a refresher as to why hotel lending is different from other kinds of real estate lending, you may want to refer to (see, Why hotel lending is different and 8 pitfalls of hotel lending and how to avoid them).

Please see the links at the end of this article for other articles in the “What every hotel lender needs to know” series.

CONTINUE READING →

18 August 2011

Hotel Lenders: What should every hotel lender consider in the SNDA before making a hotel loan? Here’s what to look for.

In today’s blog, my partner Guy Maisnik discusses the importance of something most lenders do not seem to adequately understand (until it is too late) and which often ensnares the lender when the loan gets in trouble – the Subordination, Non-Disturbance and Attornment Agreement or “SNDA“.

If you would like a refresher as to why hotel lending is different from other kinds of real estate lending, you may want to refer to (see, Why hotel lending is different and 8 pitfalls of hotel lending and how to avoid them).

Please see the links at the end of this article for other articles in the “What every hotel lender needs to know” series.

CONTINUE READING →

17 August 2011

Tips from the Hotel Lending Lawyer: Hotel loan problems and hotel loan document issues are best dealt with at the loan origination. Do you know these fundamentals about your hotel loan documents dealing with hotel management agreements (HMAs) and hotel franchise agreements? There is a long list of things every hotel lender should take into account before making a loan so that it will be protected when a default occurs — much less a foreclosure. But few considerations are as important as dealing with issues raised by HMAs and hotel franchises.

Over the years, we have counseled hotel developers, owners and lenders as they try to fix bad hotel deals and repair bad hotels loans. Often, their problems could have been avoided if experienced hotel advisors had reviewed the necessary documents with a practiced eye, connecting the dots and filling in the blanks before the loan was underwritten.

Hotel lending experience is the key

Lenders need hotel-specific experience — not just real estate experience — because, as my partner Guy Maisnik writes in his article below, “You don’t know what you don’t know.” And what you don’t know can cost you a bundle.

Because a hotel’s operating business is inextricably intertwined with single-purpose real estate, the borrower’s financial obligations are exceedingly complex. We have written other blogs about why hotel lending is different from other kinds of real estate lending, that you may want to read (see, Why hotel lending is different and 8 pitfalls of hotel lending and how to avoid them).

Guy has more than three decades experience in hotel and commercial real estate finance and has recently assisted 3 major lenders in revising and structuring their hotel lending programs and documentation, including their hotel construction lending. In this eye-opening series of articles, Guy discusses how hotel lenders often find unpleasant surprises with hotel loans when they don’t get experienced hotel counsel to prepare their loan documents. And real estate lending experience is not hotel lending experience!

Please see the links at the end of this article for other articles in the “What every hotel lender needs to know” series.

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22 June 2010

Hotel Lawyer with some tips for hotel lenders so they can take advantage of higher yielding loans with less risk.

This article will focus on 8 pitfalls of hotel lending – the special traps that hotel lending presents beyond all the typical considerations of traditional real estate lending – and how to avoid them. These are hotel-specific structuring, documentation and legal issues that can really snare the unwary lender.

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