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Compliance Companion®
Standard Procedures Manuals (SPM)

Commercial Real Estate Lending September 2016

This Manual covers the important issues that a financial institution should consider when making a commercial real estate loan or when taking commercial real property as collateral. The scope of this Manual includes a discussion of the following topics:

  • Due diligence requirements, including customer identification, verifying borrowers and guarantors, evaluation of real estate collateral, leave review for income property loans, environmental due diligence and hazardous waste laws, and federal and state forfeiture laws;
  • Regulatory considerations, such as standards for safety and soundness, real estate lending standards, concentrations in commercial real estate lending, regulatory lending limits, appraisal regulations, flood insurance regulations, and California limitations and disclosures affecting hazard insurance;
  • Structuring and documentation issues, including basic loan terms, creating a lien on real property, limitations of the one-action rule, and the anti-deficiency rules on real property-secured loans, mixed collateral issues, bankruptcy issues affecting loan structure, and modifications and renewals;
  • Loan documentation;
  • Guaranties, such as the types of guaranties, basic principles of guaranties, and defenses to enforcement of guaranties and how to structure waivers of those defenses;
  • Letters of credit as credit enhancements;
  • Lender liability issues; and
  • Title insurance and other forms of insurance that should be required.
The text of this manual is 477 pages, plus 45 pages of appendices.


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