- videocam Live Online with Live Q&A
- calendar_month December 9, 2025 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Real Property - Finance
- schedule 90 minutes
Navigating the Current Distressed CMBS Market: Strategies for Borrowers and Lenders; Opportunities and Challenges
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Description
With the wave of CMBS loans coming due, a dramatic increase in the special servicing rate, and a spike in delinquency rates, the CMBS market is showing signs of significant distress. Despite this distress, the CMBS issuance rate remains strong. These market conditions have created both challenges and opportunities for borrowers, lenders, and investors.
In the current market, when a CMBS loan misses its maturity date, many lenders and borrowers have engaged in loan modifications, extensions, or even foreclosure. The most common resolution has been a loan extension to grant the borrower temporary relief in hopes that their financial situation will improve. An extension also allows a lender to potentially delay big losses. However, loan extensions are adding stress to an already distressed market because the balance of unresolved debt continues to grow.
Counsel for lenders and borrowers must carefully consider the ramifications of loan modifications and extensions in conjunction with other economic factors such as rising interest rates and declining property values which have left some borrowers in a negative equity position.
Listen as our authoritative panel discusses the current state of the CMBS market and evolving trends and provides strategies for both borrowers and lenders to prepare and respond to distressed loans.
Presented By
Mr. Oliner is co-chair of the Bankruptcy and Fiduciary Representations division of the firm’s Business Reorganization and Financial Restructuring Practice Group. He represents financial institutions, including loan servicers, mortgage lenders and asset-based lenders, as well as bankruptcy trustees, creditors' committees, and rents and equity receivers. Mr. Oliner has served as a chapter 11 trustee in the Northern District of California Bankruptcy Court and is a court-appointed mediator and examiner. He has testified in jury trials as a qualified expert witness on bankruptcy and commercial remedies and is versed in all creditors' remedies in both state and federal courts. Mr. Oliner has also defended appeals in bankruptcy appellate courts, district courts, and before the Ninth Circuit. In addition to his bankruptcy practice, Mr. Oliner has extensive experience in receivership, foreclosure and workouts. He has represented lenders in over 100 receivership cases in state courts throughout California and in other jurisdictions. Mr. Oliner has written and spoken on a variety of topics in the bankruptcy and receivership fields.
Mr. Silverman represents national financial institutions, CMBS special servicers, fintech companies, and non-bank lenders in complex loan workouts, creditors' rights, loan enforcement, and bankruptcy matters. He helps clients recover what they are owed when borrowers and guarantors fail to meet their obligations. Mr. Silverman focuses on creditors’ rights, loan workouts and enforcement, and bankruptcy, representing clients working out loans across various asset classes, including office, multifamily, retail, hospitality, health care, and industrial. His bankruptcy work includes representing secured and unsecured creditors in preference claims. Mr. Silverman’s diverse practice includes helping clients resolve contract disputes, post-judgment collections, fraudulent transfer claims, complex business divorce issues, and other commercial litigation. He frequently speaks, writes, and comments on the CMBS industry and loan enforcement topics.
Ms. Bouyea focuses on a range of bankruptcy matters, commercial litigation, and commercial foreclosures. She represents debtors, secured and unsecured creditors, creditors’ committees, bankruptcy trustees, liquidating agents, and other parties-in-interest in bankruptcy cases and related matters, including pre-bankruptcy counseling and planning, cash collateral use, debtor-in-possession financing, automatic stay litigation, asset sales, plan litigation, fraudulent conveyance litigation, claim disputes, and claim administration. Ms. Bouyea also represents lenders, including special servicers of commercial mortgage-backed securities, in all aspects of the creditor-distressed debtor relationship, including loan modifications, foreclosure sales, receivership actions and sales, guaranty claims, and lender liability actions. She has represented clients in a variety of sectors and industries, including real estate, retail, municipal government, healthcare, manufacturing, and transportation.
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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, December 9, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. Overview: the evolution of the CMBS market
II. Current CMBS market conditions and trends: surge in distressed loans accompanied by a rise in CMBS issuance
III. Sectors experiencing the greatest amount of distress vs. sectors that are rebounding
IV. Actions lenders and borrowers should take now to respond to distressed loans in the future
V. Loan restructuring and asset management strategies from the perspective of both borrowers and lenders
VI. Challenges and opportunities
VII. Predictions for the CMBS market in 2026 and beyond: trends and developments to watch out for
VIII. Practitioner pointers
Benefits
The panel will address these and other key considerations:
- What are the current and evolving CMBS market conditions?
- What sectors are experiencing the greatest amount of distress?
- How have loan extensions contributed to the distressed CMBS market?
- In what ways have workout/modification strategies changed over the last year to accommodate the number of distressed loans?
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