Understanding Real Estate Loan Documents – Part 2
Have you ever read your bank’s promissory note, security agreements or mortgage/deed of trust? Most bankers would have to admit the answer is: NO. This new series was developed by a lawyer who has been teaching loan documentation nationwide for more than 20years.
Taught at a basic level (for bankers, not lawyers), the instructor will lead participants through all sections of the various required loan documents. The purpose is to create a deeper understanding of why certain documents are required plus the significance of various sections and verbose language (often referred to as “boilerplate”). A working knowledge, with a focus on the risk management aspects of each document, is the goal. Being able to explain document content will add much to customer relationships.
- Promissory Note: The note is enforceable against the borrower! Review of each section for content, purpose, rights of all parties and scope of language.
- Mortgage and Deed of Trust: The mortgage or deed of trust is enforceable against the real estate taken as collateral. Review of each section for content, purpose, rights of all parties, representations and warrantees, plus enforceability.
- Title Commitments and Policies protect the lender by assuring an acceptable lien position. Knowing what to expect and what to look for is essential to underwriting and closing real estate loans.
- Guarantees: A guarantor gives up many rights and grants the bank many rights. Bankers need to understand the distinction between an individual guarantor and a business entity or guarantor and the details of what the guarantor is agreeing to.
Lenders, loan assistants, loan operations personnel, credit analysts and personnel involved in loan review, internal audit and compliance.
Robin Russell is a partner with the law firm of Andrews Kurth L.L.P., practicing in the areas of banking, bankruptcy and corporate finance, representing banks, insurance companies, corporate and individual borrowers in secured commercial and consumer lending transactions as well as representing debtors and creditors in bankruptcies and out of court restructurings. Robin has trained over 10,000 bankers nationwide in loan documentation.
Institute of Certified Bankers: Visit http://www.icbmembers.org/login.aspx for instructions regarding self-reporting. Institute of Certified Bankers: Estimated credits: 2.5 hrs. ea. CLBB/CRCM (self-reporting).
Member price: $265.00 | Non member price $530.00
Member price: $280.00 | Non member price $560.00
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