Glossary · Underwriting

Non-recourse loan

Also called: nonrecourse, non-recourse debt, non-recourse financing

Defined by the Research desk, The Lender Report · Sources reviewed

A loan the lender can collect only from the property pledged for it, not from the guarantor personally, except for listed bad acts.

The OCC’s handbook for examiners describes a non-recourse loan as one where the lender may look only to the collateral for repayment, not to the guarantor, if the loan defaults. If the property sells for less than the balance, the lender absorbs the loss.

That promise has limits. The handbook says such loans usually come with a guaranty that has carve-out provisions, making the guarantor liable for losses caused by certain acts of the borrower, such as fraud or misrepresentation, voluntary bankruptcy, environmental issues, liens the lender did not consent to, waste of the collateral, prohibited transfers and diversion of funds. Commonly, some of those carve-outs make the whole loan full recourse.

Example: a $5,000,000 non-recourse loan defaults and the property sells for $4,200,000. The guarantor owes nothing on the $800,000 gap, unless a carve-out was triggered.

The handbook notes that long-term fixed-rate loans from life insurance companies, pension funds and securitized lenders are commonly non-recourse. A non-recourse lender still underwrites the people behind the loan: the handbook expects a bank’s policy to cover a guarantor’s assets, global cash flow, and direct and contingent liabilities. Banks and credit unions set their own policy on whether to offer it at all.

How it shows up in the data here

Not in any public file. No record here marks a loan as non-recourse. The lender types that commonly offer it, such as securitized and other non-bank lenders, appear on this site only where they file HMDA or SBA records. Use loan comps for multifamily to see non-bank lenders active near you.

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Related terms

Sources

  1. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (term loans, p. 9; loan policy, p. 21; guarantor analysis, p. 30), published .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.