What is the maximum maturity for a real estate loan with construction or renovation? How about a leasehold improvement loan? May a lender amortize an interest only period that is not required to complete significant construction or renovation? This article is intended to address these questions and provide guidance as to the treatment of an interest only period.
The SOP 50 10 5(J) at pages 141-142 in Section III. LOAN MATURITIES (13 CFR § 120.212) states:
The SOP explicitly states that the maximum maturity of a real estate loan with construction or renovation may be extended by the number of months reasonably required to complete the construction or renovation.
On the other hand, the language in this section of the SOP is less clear as it relates to the maximum maturity of a leasehold improvement loan. The SOP states the maximum loan term generally may not exceed 10 years unless the improvements are for significant construction/build-out or to renovate a building on leased land. Because the language in the SOP does not define “significant,” lenders may ponder whether a period of time to complete these leasehold improvements may be added to the maximum loan term. Since it is logical to interpret this provision in a similar manner to the earlier provision on real estate loans and lenders have customarily done so for many years, it appears that a reasonable period of time to complete leasehold improvements could be added to the loan term. Clarification from the SBA would be welcomed by the industry.
If a lender makes a loan which includes significant construction, renovation, or leasehold improvements, but the lender also has approved a permissible interest only period for a non-construction related (but justifiable) reason based upon the nature of the business and documented its credit write-up, then the repayment of the loan must still fall within the permissible maximum loan terms identified above. In other words, the length of any interest only period that is not required to complete the construction, renovation, or leasehold improvements cannot be used to extend the maximum loan term allowed for a real estate loan with construction or renovation or a leasehold improvement loan with significant
construction/build-out.
Lenders must always remember the SOP requires the loan term to be the shortest appropriate term based on the use of proceeds and the borrower’s ability to repay. The Small Business 7(a) Lending Oversight Reform Act enacted in June 2018 enhanced the SBA’s lender oversight review process and increased the enforcement options of the Office of Credit Risk Management (“OCRM”), and it is important for lenders to document all decisions and continue to use prudent lending standards as a guide when approving any interest only period for a loan.
For more information regarding compliance with loan maturities for real estate construction and leasehold improvement loans, please contact Kristen at 407.618.0698 or at kdickey@starfieldsmith.com.
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