Posts Tagged ‘property foreclosure’

Restructure Commercial Real Estate Loans – Avoid Foreclosure

Tuesday, December 29th, 2009

Instead of increasing the number of commercial properties being foreclosed, it is best that lenders or borrowers move to restructure commercial real estate loans. Restructuring commercial real estate loans may even be beneficial for the economy. Commercial real estate property foreclosures are seen to increase in the near future. This analysis can be backed up by the fact that most commercial buildings have a lot of vacancies. During recent months, there was also the evident rise in unemployment and residential property foreclosures. The solution seen to fix the problem is to restructure commercial real estate loans.

In order to restructure commercial real estate loans, the participation of both lenders and borrowers is necessary. When borrowers are in default, lenders may move to foreclose the commercial property under consideration. However, the best solution would be to alter the loan terms and come up with a compromise. Lenders can spend more money during a foreclosure proceeding. Borrowers may also lose credit score when a foreclosure proceeding occurs. Therefore, commercial loan renegotiation can be a better option for both parties since it eliminates the need to undergo foreclosure. It is also a wise option for a borrower to hire a commercial loan modification professional.

In commercial real estate loan restructuring, lenders may agree to lower interest rates. This will significantly affect borrowers’ ability to pay on a regular basis. Payment mortification may also be granted to allow borrowers more time to accumulate enough cash to pay for the loans. Terms like these can be altered when lenders and borrowers agree to restructure commercial real estate loans.

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Ensuring a Commercial Loan Modification with a Forensic Audit

Monday, June 29th, 2009

A commercial loan modification is a modification to a loan agreement, which replaces an existing loan agreement. A bank or commercial lender is not required to consider or grant a commercial loan modification. A commercial loan agreement allows the lender to pursue a foreclosure when the borrower defaults on the commercial loan. However, if the lender went against any of the various regulations or consumer protection laws, they will not be legally able to enforce the original commercial loan agreement.

The average borrower is not up to date or fluent in the various laws and regulations lenders must follow. Nor are they aware of all their options when facing financial difficulties. A loan auditor, however, is and will examine every word of the loan papers to see of the borrower’s rights were in any way violated. This process is called a forensic audit. Conducting a forensic audit is one of the first steps a commercial loan modification professional will take when representing you.

A commercial loan modification professional understands the legal jargon surrounding fair lending laws, interest rates, pre-payment penalties, the Truth in Lending Act (TILA) and the Real Estate Settlement & Procedures Act (RESPA). If your commercial loan workout professional finds any violations within your commercial loan agreement, even if the violation was unintentional on the part of the lender, they will use that to go to the lender and demand a commercial loan workout. The commercial loan modification professionals at: http://commercial-modification.com always use forensic audits to help ensure their client’s commercial loan modification is  successful.

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