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Protection from Lenders

Started by LKING4APT
over 12 years ago
Posts: 14
Member since: Mar 2013
Discussion about
Being New York State is a Recourse State regarding loans I’d like some insight regarding protection of assets other than the property (usual collateral in a loan). The loan is not for a refinance, second home etc, the loan is for a main residence. In the unlikely event that I default on my loan how do I protect myself with regards to the loan agreement – meaning the only asset a lender could attach in the event of default would be the apartment itself and nothing else. How can I protect myself from a deficiency judgment? I’ll discuss with my lawyer but I’d like to hear some opinions. Thanks
Response by ANagin
over 12 years ago
Posts: 68
Member since: Dec 2010

Although NY may be a 'recourse state' that is just the default position if the recourse issue is not mentioned in the loan. The loan documents themselves can toggle the loan to either recourse or non-recourse. Try to shop for a non-recourse loan with no personal guaranties or carve-outs - if you can find one. The market is strong but banks are weary. You will still need to sign an environmental indemnification either way. It depends on the property type being financed, the leverage ratios, and your earning power, the rate offered, and finally the Bank offering the loan. You can also deed the property to an LLC you own and look to take out a mortgage on behalf of the LLC without personal recourse or guarantee which would even further reduce your exposure. Talk to your lawyer.

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Response by greensdale
over 12 years ago
Posts: 3804
Member since: Sep 2012

How likely is this unlikely default?

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Response by zoso480
over 12 years ago
Posts: 14
Member since: Jun 2010

Without getting into long winded legal description, I don't think you need to worry. Your loan and its language should clearly delineate what the security for this loan will be. I'm working on a purchase right now for example where there is a box thats checked that specifies the property is the collateral for the loan. Best of Luck

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