The 2026 Multifamily Maturity Cliff: Reading the $162 Billion Refinancing Wave and the Engagements It Will Generate

Gary Eisenberg
Gary Eisenberg
Perkins Coie LLP

Mark A. Silverman
Mark A. Silverman
Troutman Pepper Locke LLP

Mark 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 is known for an aggressive approach and a track record in complex foreclosures and guarantor litigation, and he frequently speaks, writes, and comments on the CMBS industry and loan enforcement.

Live Video-Broadcast: August 26, 2026

2 hour CLE

Tuition: $195.00
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Program Summary

A decade of multifamily loans was underwritten on cheap, short-term, floating-rate debt and bridge financing that assumed rates would stay low and values would keep climbing. Those assumptions have collapsed, and a wave of CMBS loans is now maturing into a market where the borrower cannot refinance and the property no longer covers the debt. Special servicers, lenders, borrowers, and the receivers who step into these assets are already fighting over debt calculation, pre-negotiation agreements, and whether non-recourse carveouts have sprung full recourse against the principals behind Tides, GVA, and Lurin. This program maps the workout and enforcement track from both chairs: debt calculation in and out of bankruptcy, pre-negotiation agreements, forum selection, receivership appointment and sale, spring-ingre-course and bad-boy guaranty triggers, and the choice among foreclosure, receivership, and bankruptcy. Attendees will be able to read a distressed loan from either side and select the resolution path that recovers the most value.

What Will You Learn

Attorneys will learn how to resolve matured and maturing multifamily CMBS loans through workouts, receiverships, guaranty enforcement, and the choice among foreclosure, receivership, and bankruptcy.

What Will You Gain

Practical strategies to calculate debt, negotiate pre-negotiation agreements, obtain and oppose receiverships, trigger springing recourse, and select the recovery path that returns the most value.

Key topics to be discussed:

  • Debt calculation
    Calculate debt and recovery on matured CMBS loans, in and out of bankruptcy.
  • Workout agreements
    Weigh workouts and pre-negotiation agreements against litigation when loans mature.
  • Receiverships
    Obtain, oppose, and administer receiverships, then sell or resolve the asset.
  • Special servicing
    Understand PSA hand-off, servicer authority, and the fee-driven process dynamic.
  • Guaranty recourse
    Read and trigger non-recourse carveout and bad-boy guaranty springing recourse.
  • Recovery path
    Choose among foreclosure, receivership, bankruptcy, deed-in-lieu, and negotiated resolution.

This course is co-sponsored with myLawCLE.

Date / Time: August 26, 2026 

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Gary Eisenberg, Partner | Perkins Coie LLP

Gary Eisenberg is a partner at Perkins Coie and a litigator with more than 30 years of experience in creditors’ rights, workouts, litigation, and bankruptcy. He works extensively with commercial mortgage-backed securities (CMBS) special servicers, collateralized debt obligation (CDO) holders, and other financial institutions, focusing on industries facing distress, including hospitality and real estate, and he previously chaired the firm’s CMBS practice.

  • Education & Credentials

Mr. Eisenberg earned his J.D. from New York University School of Law and his B.A. in economics and mathematics, magna cum laude and with distinction, from Yale University. He is admitted to practice in New York and New Jersey and served as a law clerk to the Honorable Stewart Pollock of the Supreme Court of New Jersey.

  • Recognition & Leadership

Super Lawyers has named him a New York Metro Super Lawyer for Bankruptcy and Creditor/Debtor Rights from 2013 through 2025, and Legal Leaders recognized him as a Top Rated Litigator in 2023. He previously chaired the firm’s CMBS practice and served as New York chair of the Perkins Coie Community Service Committee.

  • Professional Involvement

He has served on the Membership Committee of the New York Chapter of the Turnaround Management Association and remains active in community organizations in New York. His practice continues to center on secured creditors, bondholders, distressed-asset buyers, and the debtor-creditor aspects of complex structured-finance transactions.

  • Experience

He has represented CMBS special servicers, private lenders, and financial institutions in the foreclosure and enforcement of more than $1 billion of defaulted financial instruments, including hotels, healthcare facilities, and a 747 aircraft repossessed off a military base. After taking title in a contested foreclosure, he obtained what is reputed to be the largest deficiency judgment in that jurisdiction on a bad-actor guaranty, and he has restructured leveraged businesses using Article 9 of the Uniform Commercial Code.

 

Mark A. Silverman, Partner | Troutman Pepper Locke LLP

Mark Silverman is a partner at Troutman Pepper Locke who 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 is known for an aggressive approach and a track record in complex foreclosures and guarantor litigation, and he frequently speaks, writes, and comments on the CMBS industry and loan enforcement.

  • Education & Credentials

Mr. Silverman earned his J.D. from Chicago-Kent College of Law at the Illinois Institute of Technology and his B.A. in speech communications, cum laude, from the University of Illinois. He is admitted to practice in Illinois.

  • Recognition & Leadership

He has been named to the Global Restructuring Review 100 and to Lawdragon’s 500 Leading U.S. Bankruptcy and Restructuring Lawyers, and he has received the Connect Commercial Real Estate Lawyers in Real Estate Award. Best Lawyers in America has recognized him in bankruptcy and creditor-debtor rights, commercial litigation, and bankruptcy litigation, and Crain’s Chicago Business named him a Notable Rising Star in Law.

  • Professional Involvement

He serves as a board member of the Turnaround Management Association and as co-chair of its Communications Committee. He is a frequent speaker and author on receiverships, CMBS, and distressed commercial real estate, and national outlets regularly seek his commentary on multifamily and CMBS loan distress.

  • Experience

He represents some of the largest CMBS special servicers in the United States in contested foreclosure litigation, guarantor litigation, receiverships, and bankruptcy matters in Illinois and nationwide, and he works out loans across office, multifamily, retail, hospitality, healthcare, and industrial assets. In BMO Harris Bank, N.A. v. K&K Holdings, LLC, he defeated the borrowers’ argument that the bank was barred by res judicata from enforcing a commercial guaranty across multiple counties, and the Appellate Court of Illinois, Second District, affirmed. He negotiates loan sales, pursues complex enforcement actions, defends lender-liability claims, and represents receivers in complex matters.

Agenda

SESSION 1 – The $162 Billion Multifamily Maturity Cliff: Workouts and Losses | 1:00pm – 2:00pm

Through modified case studies, this session covers debt calculation in and out of bankruptcy, workouts and pre-negotiation agreements versus litigation, forum selection, obtaining and opposing receiverships, receiver sales, and the restructuring pitfalls that vary by asset class.

BREAK | 2:00pm – 2:10pm

SESSION 2 – The Servicer-Side CMBS Enforcement Playbook: Special Servicing, Guaranty Recourse, and the Path to Recovery | 2:10pm – 3:10pm

From the lender and special-servicer perspective, this session traces special-servicing hand-off and authority, non-recourse carveout and bad-boy guaranty enforcement, guarantor litigation from the Tides, GVA, and Lurin suits, the choice among foreclosure, receivership, and bankruptcy, and deed-in-lieu resolutions.

Credits

Alaska

Approved for CLE Credits
2 General

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

Pending CLE Approval
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 Hour(s)

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
2 General

Hawaii

Approved for CLE Credits
2 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Pending CLE Approval
2 General

Indiana

Pending CLE Approval
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 Hour(s)

Maryland

No MCLE Required
2 CLE Hour(s)

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hour(s)

Minnesota

Pending CLE Approval
2 General

Missouri

Approved for CLE 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 CLE Credits
2 General

Nevada

Pending CLE Approval
2 General

New York

Approved for CLE Credits
2 General

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

Pending CLE Approval
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for CLE 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 Hour(s)

Tennessee

Pending CLE Approval
2 General

Texas

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2 General

Utah

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2 General

Virginia

Not Eligible
2 General Hours

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2 General

Washington

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2 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
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2 General

West Virginia

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2.4 General

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