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- videocam Live Webinar with Live Q&A
- calendar_month July 21, 2026 @ 1:00 PM ET/ 10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Real Property - Finance
- schedule 90 minutes
C-PACE Financing in Commercial Real Estate: Structuring, Documenting, and Closing Assessments in the Capital Stack
Transactional Structures, Lending Agreements, Capital Sources, and Practical Considerations for New and Retrofit Projects
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE webinar will examine the growing role of Commercial Property Assessed Clean Energy (C-PACE) financing in commercial real estate transactions and how property owners, developers, and lenders use this tool to meet evolving sustainability requirements while preserving deal economics.
Description
Addressing climate change remains a focal point for new construction and retrofit projects despite shifting political views. Commercial real estate lenders and investors continue to seek ways to mitigate climate risk while meeting new—and increasingly common—legislation requiring commercial property owners to reduce the environmental footprint of their buildings, from New York's Local Law 97 to Boston's BERDO and comparable mandates in D.C., California, and Washington State. C-PACE has become an essential resource for addressing these demands while meeting an owner's investment objectives and financial returns, offering long-tenor, fixed-rate financing that conventional capital often cannot.
The panel will focus on the transactional structure and execution of C-PACE in commercial deals: how the assessment is secured, documented, and recorded; how the financing is underwritten across different lender types; and how it layers with conventional mortgage financing, mezzanine debt, and other capital sources. Panelists will address the key legal and practical considerations for owners, developers, and lenders—including mortgagee consent, lien priority, transferability on sale, non-acceleration, repayment mechanics, and the impact of C-PACE on underwriting and closing timelines—drawing on green-bank program design, CDFI and affordable-housing, institutional-capital, and transactional-legal perspectives.
Listen as our authoritative panel explains how C-PACE financing works in real world commercial transactions.
Presented By
Mr. Bewkes is the Head Counsel for Nuveen Green Capital, where he has served for 11 years. He oversees all of NGC's asset closings and has supervised more than 700 C-PACE transactions across 32 states and the District of Columbia. Mr. Bewkes provides legal guidance to NGC's senior management and originations teams while advising state and local governments nationwide on the creation, optimization, and implementation of C-PACE programs and policies. Prior to joining NGC, he served as Special Assistant Corporation Counsel for the New York City Law Department.
Ms. Ellis joined the Connecticut Green Bank in 2024 in the role of Counsel, she has since been promoted to Senior Counsel. She provides legal and regulatory advice on a broad range of matters, with a focus on supporting the Green Bank’s suite of financing programs. Prior to joining the Connecticut Green Bank, Ms. Ellis practiced in the Finance and Real Estate group in Dechert LLP’s New York offices.
Mr. Madden-Peister is an Associate Director for NYCEEC’s Legal team, supporting its work in providing clean energy financing for communities. He also helps manage New York City’s Property Assessed Clean Energy (PACE) program that is administered by NYCEEC. Prior to joining NYCEEC, in addition to working in private practice, Mr. Madden-Peister completed legal fellowships with the New York State Office of the Attorney General and the New York City Mayor’s Office of Resiliency.
Ms. Niver represents banks, insurance companies and debt funds in construction and permanent loans, debt restructurings and secondary market transactions, as well as working with market-rate and affordable housing developers and owners on financings, acquisitions and sales, joint venture arrangements, condominium regimes, and leases for all product types, including multifamily, retail, office and hotel, and frequently as part of complex mixed-use development and redevelopment and master planning projects nationwide. In addition to her broad background in CRE finance and development generally, Ms. Niver has had a career-long focus on affordable housing and community development, both as a real estate and commercial finance attorney, and formerly as an urban planner specializing in affordable housing finance and policy. She has extensive experience in community development lending, impact finance syndications and programmatic and policy issues related to affordable housing, and routinely provides legal advice to profit and nonprofit developers, financial institutions, investors, and community development entities engaged in all types of complex real estate development and financing transactions, specifically social impact investing and tax credit finance.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, July 21, 2026
- schedule
1:00 PM ET/ 10:00 AM PT
- Market overview: local decarbonization and building-performance mandates driving retrofit and new-construction demand (LL97, BERDO, Clean Energy DC, Title 24)
- C-PACE fundamentals: what it is, the senior special-assessment structure, eligible improvements, and new versus retrofit uses
- Program design and the green-bank role: enabling legislation and local opt-in, administrator models, and the statutory variation that matters in practice
- Securing and documenting C-PACE: the assessment/financing agreement, program documents, lender consent, the recorded notice/lien, servicing, and the closing and recording sequence
- C-PACE financing terms: repayment terms, transferability on sale, and non-acceleration features
- Layering C-PACE into the capital stack a. Combining C-PACE with senior mortgage and mezzanine debt b. Mortgagee consent, lien priority, and intercreditor considerations c. The CDFI/specialty-lender and affordable-housing perspective, including layering with LIHTC and regulatory agreements and agency/HUD consent. The institutional-capital and market perspective: pricing, tenor, scale, and secondary-market dynamics
- Practical issues in underwriting, diligence, and closing
- Risk, recent developments, and avoiding common pitfalls: bankruptcy treatment, transfer on sale, and the shifting tax-credit-interaction landscape
The panel will review these and other key issues:
- What types of projects and improvements are eligible for C-PACE financing in today's market?
- How is a C-PACE assessment secured, documented, and recorded, and what does the closing sequence look like?
- What legal and practical issues arise when layering C-PACE with traditional mortgage debt—consent, lien priority, and intercreditor terms?
- How do non-acceleration and transferability on sale work, and what do they mean for lenders and owners?
- Where does C-PACE fit across different capital sources—green banks, CDFI and mission lenders, and institutional capital?
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