Realty411 Magazine Featuring Scott Meyers | Page 47
the damage was intentional, the
lender may have no recourse. If
the property reverted to the
lender for less than what was
owed, the lender maintains an
insurable interest in the property
and can make an insurance claim
Personal Guarantee
With entity borrowers (e.g, a
corporation or limited liability
company), lenders sometimes
obtain a personal guaranty from
the entity’s principals as a
condition to making the loan. If
the property reverts for the full
credit bid, then nothing else is
owed to the lender and they could
not seek to collect additional
monies from the guarantor. By
underbidding, the lender may very
well preserve its right to seek
remuneration from the guarantor
as the property was not worth
what was owed. The lender may also be able to seek
compensation from the guarantor for any damage done to
the property, whether negligent or intentional.
Insurance Proceeds
The foreclosing lender typically is unaware of the
condition of the property when the foreclosure begins.
There may very well be damage to the property. Well,
you say, that is why I am listed on the certificate of
insurance in the mortgagee section. And you would be
right. As the mortgagee, you have an insurable interest
in the property. The insurance is to ensure that the
lender is made whole. Well, if the foreclosing lender
uses a full credit bid, then the foreclosing lender has,
essentially, been paid in full. If damage is found on the
property after the foreclosing lender becomes owner of
the property, the lender may very well be out of luck.
The insurance company can deny the claim on the basis
that the lender’s full credit bid made the lender whole
and that the lender’s insurable interest terminated when
the property reverted. Unless the lender can prove that
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