Loan Assumptions, Commercial Loan Transfer to Buyer.

Loan Assumptions, Commercial Loan Transfer to Buyer.

New York, NY · Member since 2018 · 8 posts · 1 vote

Hi All- I have a question on Loan Assumptions for a commercial loan. I have a $2.45 million loan at 3% interest only. It was for 5 years with 3 years remaining. We are thinking about selling our building after 10 years of ownership. The commitment letter had the following language;

Transfers/Assumability: Subject to Lender’s then-current underwriting requirements and compliance with the other requirements of the loan documents, the Loan is assumable by a qualified transferee of the Property for a fee of 1.00000%of the unpaid principal balance of the Loan at the time of such a transfer (a “Consented Transfer”).

My question relates to the terms of the loan and savings to the buyer. If the bank approves, does that mean that the Buyer can assume our $2.45 million loan at the same rate?? OR does that rate change based on the "Lender's then current underwriting requirements?" I am assuming that the Buyer also avoids mortgage tax?? Are those the main savings to them, and the main cost here is the 1% fee on the 2.45 Million.

Thank you,

Doug

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  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    8y

    The phrase "then current underwriting requirements" refers to qualification, not loan terms.  The buyer would have to qualify with the lender as if they were getting a new loan.  The terms of the loan should not change, unless there's some other verbiage in the loan that allows that.

  • New York, NY · Member since 2018 · 8 posts · 1 vote
    8y

    Thank you Jon. Being able to get the same rate for those three years presents a benefit to the potential buyer. In a casual conversation with a real estate atty a few days ago he thought that the only benefit was avoiding mortgage tax, and that the buyer would not be able to assume the low 3% rate.

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