With the primary focus on avoiding defaults and maintaining cash flow, Lenders and Servicers have been accommodating in considering loan modifications. This always comes at a cost to Borrowers, but is preferable given the alternatives. Some key trends include:
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Forbearance and Extensions: Whether you call it “extend and pretend” or “kicking the can" payment deferments and loan extensions are providing temporary relief to buy time for businesses to recover.
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Interest-Only Conversions: Within the framework of complex modifications, Borrowers have converted loans to interest-only payments. REMIC approval is required.
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Loan Paydowns: Usually considered a good faith move, some Borrowers have negotiated a paydown to get an extension or as a part of a more complicated loan modification.
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Equity Contributions: Similar to loan paydowns, Borrowers have pledged additional collateral, such as paying into a reserve account tied to building improvements.
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A/B Note Modifications: Very few A/B modifications have been documented in 2023 but we expect to see an increased number in 2024 and 2025 as property valuation bid-ask pricing between Borrowers and Lenders tightens.
We commonly advise our Borrowers to pursue two or more of the above modifications within their proposal and to remain nimble and continually advance strategies throughout the negotiation process.