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Article #7: The Two Worst Things That Could Happen With A Business Loan

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It is important to have an understanding result in a longer processing period for
of what can go wrong with a business the loan).
loan. The focus of this article is on two Even though cost and schedule are
situations that will have the most severe critical issues, an even bigger issue is
financial consequences. A loan the appraisal value that is provided by
disapproval at an early point in the the appraisal. For example, I have seen
application process is not included here instances in which a commercial borrower
because it is not likely to have the thought their property was worth $500,000
immediate financial consequences of the but the commercial appraiser selected by
examples provided below. Business owners the lender produced an appraisal with a
should be prepared in advance for these value of $285,000. While this is not a
problematic circumstances so that they routine outcome, it is certainly not
can develop contingency plans. unusual to receive an appraisal that
RECALL OF A COMMERCIAL LOAN produces a value that is less than the
Recall provisions allow the lender to commercial borrower expects. A similar
call the loan (forcing the borrower to (but avoidable) problem occurs when a
repay early) prior to the expiration of commercial appraisal is not accepted by
the loan. This issue is not of concern to the lender because the appraiser did not
commercial borrowers whose business loan provide an appraisal meeting basic
does not contain provisions permitting guidelines. For example, a key element of
the lender to recall the loan. However a commercial appraisal is the valuation
many traditional commercial lenders based on analysis of income. If an
routinely place recall clauses in their appraiser chooses to submit an appraisal
loan agreements. The conditions which can based only on comparable sales data even
trigger a recall will vary but will though the lender stipulated in the
commonly include periodic review of engagement letter that an income
financials and credit history by the appraisal is required, then the lender
lender. Under these circumstances if will not accept the appraisal (and is
agreed levels of income and credit likely to refuse even a modified report
standards are not met, then the bank will from the appraiser when they violate such
typically notify the commercial borrower a basic appraisal requirement).
that they must pay off the loan within a It is important to have an understanding
30-90 day period. of how the appraiser will be asked to
When confronted with a recall determine value as well as to realize
notification, commercial borrowers will that there might be significant assets
have little recourse other than to seek which will not even be included in the
refinancing from another lender. In value. Items such as equipment and
seeking alternative sources of commercial furniture are frequently excluded,
financing, prudent borrowers will especially in commercial real estate
eliminate potential lenders who will loans. For businesses such as funeral
impose similar recall provisions in new homes and assisted living facilities, it
financing. To avoid the recall situation is very common for the overall business
in the first place, commercial borrowers value to be much higher than the real
would be wise to consider only commercial estate value. But an appraisal based on
loans which will not have recall terms. the real estate value will nevertheless
For commercial borrowers who currently exclude the excess business value from
have recall provisions in their the commercial real estate value.
commercial financing agreement but have What contingency plans are advisable for
not yet received a recall of their loan, the appraisal process? First, be prepared
it will be equally wise to consider for the appraisal to be more expensive
refinancing their business loan before than initially expected and ensure that
such a recall occurs so that refinancing funds are available to cover this
is accomplished according to the possibility. Second, be prepared for the
commercial borrower's timetable and not appraisal to take longer than expected.
that of the current commercial lender. If buying a business property, the buyer
COMMERCIAL PROPERTY APPRAISAL COSTS AND should discuss this possibility in
RESULTS advance with the seller. If refinancing,
The commercial appraisal process is the owner should not make plans for
lengthy, expensive and relatively spending funds until the appraisal has
uncontrollable in terms of results. In been finalized and the lender indicates
many cases one of the unknowns is how their readiness to close the loan. Third,
much the appraisal will cost. consider in advance what action to take
Unfortunately commercial mortgage if the appraisal produces a lower value
appraisal costs can be unpredictable and than expected. Fourth, decide if an
will approach what many borrowers view to additional appraisal is warranted (this
be excessive for specialized commercial possibility needs to be considered
properties such as assisted living especially for the situation in which the
facilities. Appraisals for a stated appraisal is not accepted by the lender).
income loan will usually be more costly The purpose of this article was to focus
because the lender is primarily depending on business loan problems with immediate
on credit scores and a sound appraisal to financial consequences. There are a
support the loan. These appraisal multitude of other serious commercial
situations will cost more for commercial loan problems which borrowers should have
properties in rural areas because a similar awareness of in order to avoid
qualified appraisers may not be available unnecessary complications. Commercial
locally. The timetable for completing an borrowers should visit and for an
appraisal is another potential source of overview of strategies for avoiding
problems, and until the appraiser is commercial financing problems.
selected and commits to a schedule, the Copyright 2005-2006 AEX Commercial
completion date is not likely to be known Financing Group, LLC. All Rights
with any degree of accuracy (and this can Reserved.






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