REI WEALTH MONTHLY Issue 45 | Page 37

Another point to consider is that the bank priced its loan based upon original underwriting guidelines and being the only mortgage and that no junior financing would be added . The potential risk of negative changes in the DSCR or possibility that the borrower stripped equity away by placing a 2 nd mortgage had not been considered , and the bank was not compensated accordingly . The more debt on a property , the more likely there is for a chance of foreclosure . Although the bank may be protected in its 1 st position [ presuming that the property has not substantially declined ], when a foreclosure is triggered , there is a strong likelihood that the bank may have to alter the asset class of the property from performing to nonperforming or it may be categorized as a “ troubled asset ” or put on the “ watch list ” by regulatory bodies even if the bank is not at risk for losing money . For example , if the borrower put 35 % down on a $ 1,000,000 building and borrower $ 650,000 from the bank , the bank ’ s 65 % LTV loan may be considered conservative . However , if the borrower obtained a 2 nd mortgage for 15 % LTV , the property now is 80 % leveraged . If the borrower defaults on paying on the 2nd , he may or may not default on paying on the 1st . If the borrower defaults on both the 1 st and 2 nd , the bank ’ s loan clearly has turned nonperforming . Non­performing loans can have a devastating effect on a bank , as they are required to set aside reserves , and defaults exacerbate this situation . The more reserves required to be set aside means the less money the bank has to lend out and generate income . Since banks lend out in multiples of their deposits , any money that is set aside [ that cannot be lent out ] has a negative multiplier effect . they do not have to use other resources to babysit a loan . The cost of these resources tax the bank ’ s bottom line . Banks are not in the business of taking over borrower ’ s properties . They do not want REO ’ s [ Real Estate Owned properties ]. It is much better for them to carefully underwrite loans in the beginning and avoid problems . If the 2 nd ends up with the property because nobody outbid the 2 nd at the foreclosure , the bank is faced with a new borrower . The bank may have to underwrite the new borrower . In fact , if the 2 nd is outbid at foreclosure , the bank is still faced with a different borrower than they originally underwrote . This new borrower may or may not qualify under the bank ’ s lending guidelines .
The 2 nd may or may not cure the 1st and start its own foreclosure . Even if the 2 nd cures the 1 st , the bank is still left with a possible foreclosing party [ the 2 nd ]. When banks make loans , they are usually looking / hoping for those loans to continue until maturity . Once a loan is made , there is less work the bank has to do . They collect the interest income and hope
Why Banks Do Not Allow Junior Liens
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