Real Estate Lending and the Impact of Weather-Related Risks: Disclosures, Underwriting, Loan Covenants, Insurance

Matthew Schernecke
Matthew Schernecke
Hogan Lovells US LLP

Matthew Edward Schernecke advises direct lenders, mezzanine investment funds, and venture capital investors in a variety of debt and investment transactions with borrowers of all sizes, types, and structures.

Kristin E. Niver
Kristin E. Niver
Robinson & Cole LLP

Kristin Niver is counsel at Robinson & Cole LLP in the New York and Washington, D.C. offices with a focus on real estate finance and affordable housing transactions.

On-Demand: February 25, 2025

2 hour CLE

Tuition: $195.00
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Program Summary

This presentation will cover the impact of climate risk on commercial real estate lending and investing. We will discuss the effect of weather events on asset performance and real estate values and ways in which lenders and investors can mitigate their financial exposure and liability related to such events. This will involve discussions regarding the climate’s effect on property assessments and underwriting standards, as well as additional clauses that should be included in loan documents. We will also discuss other practice pointers to consider when working on such transactions.

Key topics to be discussed:

  • Climate risks in commercial real estate finance
  • Property assessments, due diligence and enhanced disclosures related to climate risks
  • Underwriting standards for loans secured by properties located in high risk areas
  • Climate risk clauses in loan agreements

Closed-captioning available

Speakers

Matthew Schernecke_myLawCLEMatthew Schernecke | Hogan Lovells US LLP

Matthew Edward Schernecke advises direct lenders, mezzanine investment funds, and venture capital investors in a variety of debt and investment transactions with borrowers of all sizes, types, and structures. He also counsels private equity clients and corporate borrowers on domestic and cross-border acquisition financings, out-of-court restructurings and workouts, bankruptcy matters, ESG and impact investment financings, and real estate financings. Matthew leads transactions spanning diverse industries, including financial services, real estate, retail, life sciences, health care, technology, food and beverage, hospitality, film and music entertainment, media, and telecommunications.

Matthew advises clients of all kinds on the financing aspects of sustainable investments with a broader social impact. He has broad knowledge and experience structuring and negotiating loan documents to embed and track social impact through ESG-oriented covenants and impact investment financing transactions. Matthew is a Fellow of the American College of Commercial Finance Lawyers, recognizing his commitment to the advancement and promotion of commercial finance law.

Prior to joining Hogan Lovells, Matthew was a partner at another multinational law firm, where he previously served as the New York office local practice group leader for the finance practice and as a leading member of its CARES Act Loan Program Task Force. He has also been sought after by top-tier organizations to speak on market practice during the COVID-19 pandemic, including the Loan Syndications and Trading Association (LSTA) and the American Bar Association (ABA). Matthew previously served as a law clerk to Federal Magistrate Judge Cheryl L. Pollak of the U.S. District Court for the Eastern District of New York.

 

Kristin E. Niver_myLawCLEKristin E. Niver | Robinson & Cole LLP

Kristin Niver is counsel at Robinson & Cole LLP in the New York and Washington, D.C. offices with a focus on real estate finance and affordable housing transactions. She is a nationally recognized affordable housing finance and tax credit attorney, formerly an urban planner, working at the intersection of clean energy and affordable housing.

Kristin represents CDFI lenders, nonprofit organizations and green banks in transactions utilizing GGRF-funded loans and grants, IRA tax credits, and other IRA direct spending sources, as such programs increasingly supplement and complement the existing affordable housing development and financing tools of which she has extensive expertise. Kristin also counsels borrowers and developers who are the beneficiaries of same.

Kristin has been listed in The Best Lawyers in America for Real Estate Law since 2023, and in 2024 was honored with Bisnow’s DMV Women Leading Real Estate Rising Star Award. She attended U.C.L.A. School of Law, Columbia University, Graduate School of Architecture, Preservation and Planning and the University of Chicago.

Agenda

I. Climate risks in commercial real estate finance | 1:00pm – 1:30pm

II. Property assessments, due diligence and enhanced disclosures related to climate risks | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. Underwriting standards for loans secured by properties located in high-risk areas | 2:10pm – 2:40pm

IV. Climate risk clauses in loan agreements | 2:40pm – 3:10pm

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for Self-Study Credits
2 General

Indiana

Approved For On-Demand Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Pending CLE Approval
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Not Eligible
2 General Hours

Vermont

Approved for CLE Credits
2 General

Washington

Approved for Self-Study Credits
2 Law & Legal Hours

Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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