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Lending Archives

Faster Commercial Loan Closings

What can the Borrower do to make the commercial loan close faster?  You cannot control the timing of the appraisal or the preparation of the loan documents in the commercial lending process. However, you can provide the Bank with:

Whose Lien Comes First?

Competing real estate lien priority was the issue that the Florida Fourth District Court of Appeal recently issued an opinion on in U.S. Bank National Association v. Grant. The question was whether a homeowner's association lien for unpaid assessments has priority over the lien of the first mortgage lender in a foreclosure proceeding. The appellate court found in favor of the lender as the declaration establishing the homeowner's association lacked specific language indicating that the HOA lien "related back" to the filing of the declaration or had priority over subsequent mortgages.

Will the Mortgage Balloon Pop in Your Face?

Most commercial mortgages, and many residential mortgages, contain balloon language. Even though the monthly payments could be based on a fifteen year or longer amortization, the obligation is now due and payable and the outstanding principal balance must be paid in full. What should you do as the borrower if you will not be able to pay the full balance at maturity?

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