Loan Amendments: Borrower and Lender Beware!

Level: Advanced
Runtime: 85 minutes
Recorded Date: November 15, 2017
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1:00 pm - 2:30 pm
  • Loan Documents
  • Title Due Diligence
  • Property Due Diligence 
  • Questions & Answers
Runtime: 1 hour and 25 minutes
Recorded: November 15, 2017


This program will focus on aspects that the Borrower and Lender should consider when amending a current loan.

This program was recorded on November 15th, 2017.

Provided By

American Bar Association


Joy A. Barrist

Potter Anderson Corroon, LLP

Joy Barrist offers a full range of commercial real estate law services involving the finance, acquisition, sale, lease and development of complex multimillion-dollar real estate projects throughout Delaware, around the country and internationally. She regularly represents banks and lending institutions, private equity firms, investors, developers, owners, landlords, and tenants.

Joy consistently represents both lenders and borrowers in various types of commercial real estate financing transactions, including acquisition, development and construction lending. Her experience also includes CMBS and mezzanine debt transactions. She handles finance and other real estate matters for all asset classes including multifamily, hospitality, office, retail, industrial, mixed-use and medical.

Joy represents financial institutions as lead lenders and participants in syndicated loan transactions. Her practice also includes the representation of lenders in workouts, financial restructuring, loan sales and the purchase of loan pool portfolios.

In addition to real estate finance, her experience extends to asset-based finance (including equipment, inventory and receivables financing), working capital lines of credit and various other complex commercial loan facilities.

Joy also has extensive experience in the formation of Delaware entities and the rendering of legal opinions in finance and other commercial transactions.

She is a frequent speaker on topics of commercial real estate and in particular, real estate finance and construction lending.

Marjorie Bardwell

Vice President & Director - Underwriting Services
Fidelity National Financial

Marjorie R. Bardwell is Vice President and Director -Underwriting Services for the Fidelity National Title Group, Inc. which includes Chicago Title, Fidelity National Title, Alamo Title, and Commonwealth Land Title Insurance companies. As a 1976 graduate of Marquette University Law School and a member of the Wisconsin State Bar, the Illinois State Bar and the American Bar Association, she has spent over 40 years in the title industry. She is past Co-Vice Chair of the Membership Committee and past Chair of the Residential, Multi-Family and Special Use Group of the Real Property, Trust and Estates Section of the ABA, author of the ABA's web-based training module on the 2006 ALTA Policies and a frequent speaker on title insurance and real estate related topics.

Sara T. Toner

Richards, Layton & Finger, P.A.

Sara Toner is chair of the firm's Real Estate Group. She focuses her practice on complex transactions involving the finance, acquisition, sale, lease, and development of commercial real estate properties. Sara has a particular emphasis on closing sophisticated commercial real estate loans, including CMBS financing, portfolio financing, and mezzanine and preferred equity transactions.

Sara represents major real estate developers, financial institutions, significant holders of commercial real estate, and institutional clients in all types of commercial real estate transactions. She regularly advises clients on an array of real estate matters, including joint venture formation and equity capitalization.

A contributing author of several published articles, Sara regularly updates “Delaware” in State-by-State Guide to Architect, Engineer and Contractor Licensing, Aspen Law & Business; “Delaware Construction and Design Law” in State-by-State Guide to Construction & Design Law: Current Statutes and Practice, American Bar Association; and “Delaware” in State-by-State Guide to Commercial Real Estate Leases, Law & Business.

Wogan Bernard

Chaffe McCall LLP

G. Wogan Bernard is a partner in Chaffe McCall’s Business and Real Estate section where he has assisted lenders and developers in connection with all aspects of commercial real estate matters.

Wogan’s real estate focus includes significant experience representing commercial lenders, developers and tenants in matters involving office buildings, apartments, condominiums, restaurants, low-income housing, and hotel developments. From small start-up businesses on a local level, he has advised clients in the areas of planning, zoning, subdivision, and permitting requirements. In addition, Wogan has further experience assisting clients on trusts and estate planning, and probate matters.

Wogan is a Fellow of the American College of Mortgage Attorneys and currently serves as the ACMA State Chair for Louisiana. He is also an active member of the American Bar Association Real Property, Trust and Estate Law Section. He currently serves as the Vice Chair of the Real Estate Finance group and is a member of the CLE Committee. From 2012-2015, he served as Chair of the Mortgage Lending Committee and in 2009 he served as Vice Chair of the Government Incentives Committee.

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