Lenders Modifying Loans: Don’t Lose Your Place in Line!

Commercial real estate loans are commonly modified to accommodate changes in circumstances affecting the borrower, the lender, the real property, or the market. In entering modification agreements, lenders must ensure that their priority in the real property or other collateral is not impacted. Check out this practice note for guidance on preserving the lender’s lien priority and tips for drafting and entering into loan modification agreements for non-defaulting commercial loans.

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Related Content

• Loan Modification Agreement (Commercial Real Estate) (Pro-Lender)
  Use this loan modification agreement template to modify a non-defaulting commercial real estate loan from the lender’s perspective.

• Workouts of Commercial Real Estate Loans
  Learn about the workout process for a defaulted or distressed commercial real estate mortgage loan, including loan timing of workout discussions, objectives of lenders and borrowers, common workout structures, and preference and fraudulent transfer claims.

• Forbearance Agreement (Commercial Real Estate Loan)
  Use this forbearance agreement for commercial real estate loans in default.

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