One of the most visible effects of the credit crunch has been a stressed commercial real estate market which has led to the uncontrolled levels of nonperforming commercial mortgage loans. This article will focus on the typical loan purchase process and throws some light on the advantage and disadvantage of buying nonperforming commercial real estate loans. In the case of a loan modification, any small improvement in the terms will equal thousands of dollars of savings. As for short sales, the additional leverage may allow you to avoid a deficiency judgment and mitigate your tax exposure. Taking this into account, a good defense attorney is well worth having.
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The principal parties involved in a loan are the owner, the lender or its assignee and the buyer of the loan.In some cases, the buyer will need to negotiate with the special service for the loan.
Careful Due Diligence of the Loan
Generally, buyers have a month to conduct due diligence of the loan and collateral property prior to bidding or entering into a written agreement for the sale and purchase of the loans. In reviewing the loan documents, buyers should carefully check the loan documents. Buyers should also at the same time confirm that the owner or the assignee of the loan is not in the possession of fake documents, and has the original loan documents. Buyer must also confirm that the owner has the authority to transfer and assign the loan documents, and the no third person has the right to purchase the loan.
Buyers should obtain property insurance certificates,inspection, environmental, and other reports relating to the collateral property, property rent roll and financial information and other essential loan documents. They must also review whether real estate tax assessments have been paid and if there are any liens; whether there are any guarantors or indemnitors, major tenants, and the collateral property and other things. The buyer should understand the foreclosure process in the jurisdiction, and must find out whether foreclosure or receivership proceedings have been duly filed and the status of the proceedings.
Typical loan Purchase Documentation
In typical loan purchase documentation, the owner and the buyer of the loan enter into a loan agreement, in which the owner assigns the loan and all the essential loan documents to the buyer. At the closing of the loan purchase, the owner will assign and deliver the loan documents to the buyer.
Chief advantage of a loan purchase
The main advantage of a loan purchase is that a loan may be purchased at a discount. Additionally, it also provides an opportunity to acquire title to the collateral property through the foreclosure process. In some cases, and under certain circumstances, a buyer could eliminate the transfer taxes normally due on a property sale.
Chief disadvantage of a loan purchase
One of the main drawbacks of a loan purchase is the limited due diligence opportunity, which makes it obligatory for the buyer to factor unknown risks into pricing, and the limited representations and warranties, which may leave a buyer without meaningful alternative. Additionally, lender liability issues may travel with the ownership of the loan
If buyers have any doubts about their risks, they should seek legal advice. The buyer may bear the risk of the foreclosure process and borrower bankruptcy that would not be there in a purchase of the property itself. Hiring legal representation puts you in a more favorable position to negotiate the terms of the loan. They will work with you to secure lower mortgage payments that you can afford.With legal support, you could be on your way to keeping your house, avoiding bankruptcy and foreclosure and re-establishing good credit.
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