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Extensions on missed construction loans

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Question: 
Are there alternatives to extensions are others using when dealing with construction-to-perm loans that are not finished my maturity? We are considering the possibility of advancing any remaining proceeds available on the loan to a checking account, which would have a hold to prevent use outside of the original agreement, and starting P&I repayment rather than extending the loan. We would continue to draw those funds to complete construction, just from the checking account rather than the loan itself. Curious if there are any drawbacks or compliance issues with this method.
Answer: 

A couple of issues. Potential UDAAP and usury issues, since you will be charging interest on funds for which the borrower get no benefit. Taking a loan to permanent status before completion might also impact your title policy. You need to sit down with your legal counsel for other risks, like what happens if there are then cost overruns?

First published on 12/17/2023

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