Nonrecourse Debt

Nonrecourse Debt

Non-recourse debt or a non-recourse loan is a secured loan (debt) that is secured by a pledge of collateral, typically real property, but for which the borrower is not personally liable. If the borrower defaults, the lender/issuer can seize the collateral, but the lender's recovery is limited to the collateral. Thus, non-recourse debt is typically limited to 50% or 60% loan-to-value ratios, so that the property itself provides "overcollateralization" of the loan.

The incentives for the parties are at an intermediate position between those of a full recourse secured loan and a totally unsecured loan. While the borrower is in first loss position, the lender also assumes significant risk, so the lender must underwrite the loan with much more care than in a full recourse loan. This typically requires that the lender have significant domain expertise and financial modeling expertise.

It is only used for residential mortgage loans in the United States, although most of Europe enforces mortgage debt forgiveness after eviction.

Read more about Nonrecourse Debt:  Common Uses, Characterization, Tax Consequences of Disposition of Property Encumbered By Non-recourse Debt

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