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Proving You're Serious to a Lender

By
Mortgage and Lending with Arnold Fitger Williams
One of the facts about buildings that is becoming paramount to lenders is that buildings require maintenance, repair, and replacement, in order to maintain use. No lender wants to foreclose on a wreck about to be condemned by the Building Department, but it is their primary security. They could always sue the owner for "waste", which is prohibited by any mortgage or deed of trust, but that takes time, and you have to know the owner has assets before undertaking a trial.

How do you demonstrate to lenders that your building is going to be taken care of?

By creating, and offering for review, a maintenance plan based on a reserve study.

A quick outline of a reserve study requirements can be found here, created in the context of a condo association. The commercial variation on this study is not significantly different, but any reserve study also contains estimated lives on building parts and replacements. If you break out the estimated lives and plot them on a calendar, you've got the first step of a maintenance plan in place. Then comes the more important part: collecting from manufacturers or engineers descriptions of the maintenance expected of major building components, safety components, and appearance components to keep them on course to their maximum lifespan, typically done in conjunction with an engineer, an expert in HVAC, and experienced maintenance people. An example maintenance plan for a school building (Microsoft WORD format) shows the range of issues, and levels, appropriately dealt with.

Now you have something to base the "maintenance" line of your proforma on -- and a reason to keep reserves at a level that will support the maintenance program, with dates of expected use. That last allows the bank to plan how they might be invested, and to feel secure about their loan with you.

Do you want the loan? Look like you deserve their trust.

Dinah Lee Griffey
Windermere Peninsula Properties - Allyn, WA
Managing Broker Windermere Peninsula Properties

Great point. This post is perfect on timing. Thanks for sharing-Dinah Lee

Jul 07, 2009 04:38 AM
Paul Silver
Tiverton, RI
Rhode Island full service real estate firm

Great Post... unfortunately, I can see this having an unintended consequence: Owners of proeprty will think that they can stem foreclosure by letting the property deteriorate... not so, but then, people take things woring all the time... ;-)

Jul 07, 2009 05:07 AM
Arnold Williams
Arnold Fitger Williams - Los Angeles, CA

Owners of property will think that they can stem foreclosure by letting property deteriorate

 

As you noted, not so.  And the remedy of a lawsuit for waste may involve giving up control of the maintenance while STILL being responsible for the debt: worst of both worlds.  The advantage of the maintenance plan is that it creates the least expensive way to maintain property and set up reserves, which allows operation to return the most it can to the owner's pocket.

Jul 07, 2009 05:25 AM