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Commercial Real Estate Loan Defaults: Lender Remedies, Borrower Defenses, and Workout Strategy

2026-05-27 13:00:00

2026-05-27 13:00:00

2 Credits

Whether you advise lenders, borrowers, sponsors, or guarantors, master the practical playbook for commercial real estate loan defaults — from spotting triggers through foreclosure, receivership, borrower defenses, and negotiated workouts.

2026-05-27 13:00:00

Whether you advise lenders, borrowers, sponsors, or guarantors, master the practical playbook for commercial real estate loan defaults — from spotting triggers through foreclosure, receivership, borrower defenses, and negotiated workouts.

2026-05-27 13:00:00

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Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Learn how commercial real estate loan defaults are triggered and identified, the lender remedies available, common borrower defenses, and strategic considerations in resolving default-related disputes.

What will you gain

Gain practical takeaways for attorneys handling CRE loan default matters from both lender and borrower perspectives, including foreclosure, receivership, acceleration, and litigation strategy.

Default triggers
Identify how CRE loan defaults arise and are identified.
Foreclosure tracks
Navigate judicial and nonjudicial foreclosure procedures effectively.
Receivership tools
Deploy receivers to preserve and stabilize distressed assets.
Litigation strategy
Build and counter the record in default disputes.
Workout pathways
Negotiate restructurings and out-of-court resolutions strategically.
Practical takeaways
Apply actionable guidance to CRE default matters.

What will you learn

Learn how commercial real estate loan defaults are triggered and identified, the lender remedies available, common borrower defenses, and strategic considerations in resolving default-related disputes.

What will you gain

Gain practical takeaways for attorneys handling CRE loan default matters from both lender and borrower perspectives, including foreclosure, receivership, acceleration, and litigation strategy.

Agenda

SESSION 1

Loan Defaults: Triggers, Identification, and Lender Remedies

SESSION 2

Borrower Defenses and Strategic Resolution of Default Disputes

clock 1:00 pm - 2:00 pm EST

Loan Defaults: Triggers, Identification, and Lender Remedies

Andrew T. McClain

Troutman Pepper Locke

Michael B. Kind

Troutman Pepper Locke

Examine how commercial real estate loan defaults are triggered and identified from both lender and borrower perspectives, followed by a litigation-focused review of lender remedies, including acceleration, foreclosure, and receivership in default-related disputes.

Andrew T. McClain

Troutman Pepper Locke

Michael B. Kind

Troutman Pepper Locke

clock 2:10 pm - 3:10 pm EST

Borrower Defenses and Strategic Resolution of Default Disputes

Andrew T. McClain

Troutman Pepper Locke

Michael B. Kind

Troutman Pepper Locke

Analyze common borrower defenses and litigation strategies in commercial real estate loan default disputes, along with key strategic considerations for resolving these matters and practical takeaways for attorneys representing both lenders and borrowers.

Andrew T. McClain

Troutman Pepper Locke

Michael B. Kind

Troutman Pepper Locke

01 02
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Andrew T. McClain

Troutman Pepper Locke

Michael B. Kind

Troutman Pepper Locke

Andrew T. McClain

Troutman Pepper Locke

Andrew T. McClain is Counsel at Troutman Pepper Locke in the firm’s Chicago and Detroit offices, where he serves as a trusted advisor and litigator focused on creditors’ rights and distressed real estate. He counsels secured lenders, special servicers, government-sponsored enterprises, and other creditors on enforcement strategies, out-of-court workouts, restructurings, and post-judgment enforcement proceedings. His broad experience includes judicial and nonjudicial commercial foreclosures, receiverships, loan sales, and UCC Article 9 sales. Andrew’s commercial litigation practice includes matters involving real estate, business, and construction disputes in state and federal courts, arbitrations, and mediations.

Education & Credentials

Andrew earned his J.D., cum laude, from Michigan State University College of Law, where he was a member of the Michigan State Law Review, and a B.S. from Fordham University. He is admitted to the Illinois and Michigan Bars.

Recognition & Leadership

Andrew has been named a Recognized Lawyer by The Legal 500 in Restructuring (including Bankruptcy): Corporate (2025), a Super Lawyers Illinois Rising Star (2019–2023), and Best Lawyers: Ones to Watch in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2021–2024).

Professional Involvement

Andrew is a member of the American Bankruptcy Institute's Real Estate Committee, the Commercial Real Estate Finance Council, and the National Association of Federal Equity Receivers. He co-authored "Receivership Law May Streamline Real Estate Sales In Illinois" in Law360.

Experience

Andrew has represented multiple secured lenders, special servicers, and government-sponsored enterprises in numerous SEC receiverships and court-appointed receivers in complex commercial foreclosure actions. He represented a special servicer in a commercial foreclosure and receivership action and obtained a favorable decision from the Sixth Circuit Court of Appeals.

Andrew T. McClain

Troutman Pepper Locke

Andrew T. McClain is Counsel at Troutman Pepper Locke in the firm’s Chicago and Detroit offices, where he serves as a trusted advisor and litigator focused on creditors’ rights and distressed real estate. He counsels secured lenders, special servicers, government-sponsored enterprises, and other creditors on enforcement strategies, out-of-court workouts, restructurings, and post-judgment enforcement proceedings. His broad experience includes judicial and nonjudicial commercial foreclosures, receiverships, loan sales, and UCC Article 9 sales. Andrew’s commercial litigation practice includes matters involving real estate, business, and construction disputes in state and federal courts, arbitrations, and mediations.

Education & Credentials

Andrew earned his J.D., cum laude, from Michigan State University College of Law, where he was a member of the Michigan State Law Review, and a B.S. from Fordham University. He is admitted to the Illinois and Michigan Bars.

Recognition & Leadership

Andrew has been named a Recognized Lawyer by The Legal 500 in Restructuring (including Bankruptcy): Corporate (2025), a Super Lawyers Illinois Rising Star (2019–2023), and Best Lawyers: Ones to Watch in Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law (2021–2024).

Professional Involvement

Andrew is a member of the American Bankruptcy Institute's Real Estate Committee, the Commercial Real Estate Finance Council, and the National Association of Federal Equity Receivers. He co-authored "Receivership Law May Streamline Real Estate Sales In Illinois" in Law360.

Experience

Andrew has represented multiple secured lenders, special servicers, and government-sponsored enterprises in numerous SEC receiverships and court-appointed receivers in complex commercial foreclosure actions. He represented a special servicer in a commercial foreclosure and receivership action and obtained a favorable decision from the Sixth Circuit Court of Appeals.

Michael B. Kind

Troutman Pepper Locke

Michael B. Kind is a Partner at Troutman Pepper Locke in Chicago, where he advises commercial mortgage-backed securities (CMBS) special servicers, banks, nonbank lenders, specialty finance companies, and other secured and unsecured creditors to enforce their rights, protect their assets, and maximize their recoveries. He regularly represents these clients in commercial foreclosure disputes, loan workouts, complex bankruptcy cases, property and equity receiverships, and other loan or transactional disputes.

Education & Credentials

Michael earned his J.D. from the University of Pennsylvania Carey Law School in 2011, where he served as Comments Editor of the Journal of Business Law and won the Edwin R. Keedy Cup Moot Court Competition. He holds a B.A., summa cum laude, in History from the University of Pennsylvania, where he was a Benjamin Franklin Scholar. He is admitted to the Illinois Bar.

Recognition & Leadership

Michael has been named a Super Lawyers Illinois Rising Star in Bankruptcy: Business (2015–2025) and listed in Best Lawyers in America: Ones to Watch for Bankruptcy and Creditor Debtor Rights, Insolvency and Reorganization Law (2021, 2023).

Professional Involvement

Michael is a member of the Turnaround Management Association and the American Bankruptcy Institute. He has spoken on bankruptcy treatment of deductibles and self-insured retentions for Strafford and co-authored "Unexpected Rescue: Observations on the Silicon Valley Bank Closure and Ongoing Market Disruptions".

Experience

Michael has extensive experience in complex Chapter 11 cases and other bankruptcy contexts, representing secured and unsecured creditors, trustees, insurance companies, landlords, and media agencies. He has represented several of the nation's largest CMBS special servicers in contested foreclosure litigation, guarantor litigation, and bankruptcy matters involving assets across the U.S.

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Why Attend

Why this 
program matters

A single misstep in handling a CRE loan default can cost millions in collateral, fees, or personal liability, making litigation fluency essential for both lender-side and borrower-side counsel.
6.4%
of CMBS loans were 30+ days delinquent or in REO at the end of Q2 2025, the highest stress level among major capital sources.
$1.5T+
in commercial real estate loans will mature by the end of 2026, fueling a wave of refinancing distress, defaults, and litigation.
$116B
in distressed CRE assets was reported in Q1 2025, a 31% increase year-over-year, with stress spreading beyond the office sector.
24%
of office property loans were scheduled to mature in 2025, the highest concentration of any major property type, intensifying foreclosure and workout activity.

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