Forbearance Agreement In Real Estate

September 21, 2021

A forbearance agreement can benefit both a borrower and a lender. A borrower has time to elaborate on their business problems or attempt to sell or refinance the property, and a lender can strengthen its position by addressing defaults in initial loan documents, negotiating more favorable terms, as described above, and hopefully avoiding foreclosures or other default measures under the loan agreement. For some borrowers, enforcement and/or bankruptcy may be unavoidable. But commercial real estate lenders are often well served when pursuing a forbearance agreement in order to better coordinate the interests of lenders and borrowers during the borrower`s recovery period. The lender, which is lenient in the current coronavirus crisis, believes that the cash flow of the property or other problems (such as covenant defaults) are short-term, “systemic” (and not specific to real estate) and will improve. Among the most important provisions of a forbearance agreement are often: where there are real estate guarantees, it is essential that one of the first things obtained by the lender is to have a seizure obligation or correspondence report drawn up by a title company. The preparation of the title is the only way to determine in a complete and accurate way if there are any title problems. For example, is the legal description of the performance obligation consistent with the legal description of the mortgage? Has the legal description changed? The owner is the same as the Mortgagor? Has a property been released from the mortgage? In addition, the lender must determine whether there are junior pledge rights or other charges related to the property. . . .