I have published many articles which are designed to assist commercial borrowers in avoiding commercial loan problems. One of the most serious commercial mortgage business loan situations is a commercial lender that causes problems for their commercial borrowers on a recurring basis. It is particularly this type of commercial lender which prudent commercial borrowers should be prepared to avoid unless viable alternative business financing options do not realistically exist.

As a direct result of my commercial loan experiences advising business owners for over 25 years and regular conversations with other business financing professionals, I do in fact believe that there are a number of commercial lenders that should be avoided. This conclusion is based on a recurring pattern of lending abuses by some business lenders.

This article will not name specific lenders to avoid, but specific examples will be provided to show why informed commercial borrowers should be ready to avoid a variety of business lenders in their search for viable commercial loan solutions. This business financing strategy article will illustrate the significant benefits of avoiding “problem lenders”.

Meaningless Pre-approvals for a Commercial Mortgage Business Loan

An early commercial mortgage pre-approval is often sought by commercial borrowers. The expected advantage to this initial commercial loan approval is that the business borrower can make other business arrangements which are based on the business financing being completed.

An ethical commercial lender will treat any form of business financing approval very seriously. Commercial borrowers should expect that a meaningful version of such an approval will not be realistically possible in just two or three days.

However, there are lenders who prepare a misleading and questionable version of a pre-approval shortly after receiving minimal application data. Because this approach often produces surprises for the borrower as the commercial mortgage process moves forward, borrowers should be wary of any lenders that do this.

Why do some commercial lenders provide such meaningless pre-approvals for a commercial mortgage? There are two likely reasons. (1) To motivate the commercial borrower to stop considering other potential commercial lenders. (2) To provide a business loan pre-approval that is similar to a structure prevalent with residential loans.

Because many commercial loan situations are facilitated by residential mortgage brokers who are typically unfamiliar with normal business financing requirements, this reason will be especially relevant with business lenders that primarily work with residential mortgage brokerage firms. Such a lender should be avoided for most commercial mortgage circumstances.

Commercial Mortgage Loan – Yes or No?

I have published an article which discusses the tendency of many banks to say “yes” when they mean “no”. Such banks will typically attach onerous business financing conditions to commercial loans instead of simply declining the loan. Business owners should explore other commercial mortgage alternatives before accepting commercial financing terms that put them at a competitive disadvantage.

Think Outside the Bank for a Commercial Mortgage

In some non-competitive business markets, it is unfortunately common for a lender to employ business loan terms that would typically not be seen in a more competitive commercial loan environment. Such business lenders can repeatedly take advantage of a non-competitive commercial lending imbalance.

An appropriate response by commercial borrowers is to seek out non-bank commercial loan options. It is neither necessary nor wise for commercial borrowers to depend only upon local traditional banks for commercial mortgage solutions. For most business loan situations, a non-local and non-bank commercial lender is likely to provide improved business financing terms because they are accustomed to competing aggressively with other commercial lenders.

Commercial Property Commercial Loan Appraisals

For commercial mortgage loans, commercial appraisals are an unavoidable part of the commercial loan underwriting process. The commercial appraisal process is lengthy and expensive, so avoiding commercial lenders which have displayed a pattern of problems and abuses in this area will benefit the commercial borrower by saving them both time and money.

Copyright 1995-2007 AEX Commercial Financing Group and Stephen Bush. All Rights Reserved.

The different choices available to Canadians struggling to fulfill their financial mortgage obligations is determined mostly by what type of lending procedures are practiced in their province. Properties in Ontario, Newfoundland, New Brunswick or Prince Edward Island have mortgage agreements that initiate the primary recoupment process using the power of sale. In the provinces of Manitoba, Quebec, Alberts, Saskatchewan and British Columbia, the courts supervise a Judicial sale to recover the money owed. Although it is referred to as a Mortgage Foreclosure in Nova Scotia, the method is essentially the same as a Judicial sale. In Ontario, both options are available to financial institutions who are facing delinquent payments.

The power of sale provision in the mortgage contract gives all those who sign the contract a personal liability on the loan and can be done without a court’s involvement. Fifteen days following the borrower’s notification of the mortgagee’s intention to enforce the power of sale, communications are sent to anyone with an interest in the home, such as statutory lien holders, advisors or claimants of any subsequent encumbrance. Timing is dependent on whether the power of sale agreement is contractual, giving the borrower 35 days to remit the full amount — or a statutory power of sale which allows the borrower 45 days to sell the property and pay the balance.

Lenders are not able to proceed with their collection until this redemption stage is completed. This gives the borrower a opportunity to sell the property on the open market and clear the mortgage in full from the proceeds. This allows the borrower a chance to liquidate the property on the open market and with the proceeds repay the lender in full. The conditions of power of sale demand that both parties attempt to get the largest possible selling price with a paper trail to prove it or face legal action. If you are unable to recuperate the full amount of the equity in your house, the legal action can be taken from the lender for the balance.

As the name implies, a Judicial sale demands that the mortgage holder apply to the court to be allowed to sell the property. The judge then mediates the discussions between the mortgage holder and mortgagee, assigns a timetable for a resolution and mediates any disagreements that arise. The emission of an order absolute by the courts relieves the mortgagor of needing to be accountable to the lender’s ability to reclaim the entire amount owed from the liquidation of the house. With an order absolute, any other lenders or second mortgages have to be compensated from the sale of the property by the primary mortgage holder.

The idea of both mortgage procedures — the power of sale and Judicial sale — is to allow the mortgagee a fair chance to keep their house by settling the overdue amount. If further money cannot be secured under this timeline, payment extensions can sometimes be discussed or a longer redemption period allowed before the home is given to the lender.