FAQ - Are Commercial Real Estate Loans Non-recourse?
A commercial recourse or non-recourse loan depends on the lender, your assets, and the type of loan.
The choice between a recourse and a non-recourse commercial real estate loan is yours depending on your lender, your business's assets, and the loan type you choose. And this choice can make a big difference if you have a down turn in your business and cannot cover your loan. Here's what you should know!
Non-recourse Loans
Non-recourse loans take only collateral. The lender’s loss risk is essentially the value of the collateral. This means that if a borrower defaults on the commercial mortgage loan and the property’s sale price isn’t enough to repay lenders, then they are out of luck. They cannot come after the borrower for additional funds.
Non-recourse loans may have carve-outs. This means that there are some situations where a lender can go after personal assets if certain triggering events occur, such as fraud or misrepresentation by the borrower or an intentional default by the borrower.
It's easy to see why borrowers would prefer a non-recourse option over a recourse one. But lenders typically require more protection for non-recourse loans:
- Non-recourse loans may require a larger down payment than recourse loans.
- Non-recourse loans may have higher interest rates because of the additional risk involved for the lender.
- Non-recourse loans may have lower maximum loan amounts than recourse loans because of their higher risk.
Recourse Loans
In a recourse loan, both personal assets and business assets are collateral for repayment of the debt. This means that in addition to having claim against the collateral (the property) in case of default and foreclosure, lenders also have claim against all personal and business assets of borrowers and guarantors in case of default. In a recourse loan, banks can place liens on personal bank accounts and property.
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