Non-Recourse Loan

A non-recourse loan is a commercial mortgage in which the lender can seize the property on default but cannot pursue the borrower's other assets — subject to standard "bad boy" carve-outs.

What it means

Most CMBS, agency multifamily, and life-company permanent loans are non-recourse. The borrower's downside is capped at the property (and their equity in it).

Non-recourse is not absolute. "Bad boy" carve-outs convert the loan to recourse if the borrower commits fraud, waste, unauthorized transfers, bankruptcy filings to delay foreclosure, or environmental violations. Sophisticated lenders include extensive carve-out language — read it carefully.

The Upleg Weekly

Weekly CRE briefing. Actually worth opening.

One weekly email. Snarky CRE takes, the occasional cap rate, unsubscribe anytime.