Section 301
Generally
Requirements
You must:
- perform a risk assessment of the Borrower BorrowerPerson who is the obligor per the Note. , Guarantor GuarantorKey Principal or other Person executing a Payment Guaranty, Non-Recourse Guaranty, or any other Mortgage Loan guaranty. , Key Principals Key PrincipalsPerson who controls and/or manages the Borrower or the Property, is critical to the successful operation and management of the Borrower and the Property, and/or may be required to provide a Guaranty. , and Principals PrincipalsPerson who owns or controls, in the aggregate, directly or indirectly (together with that Person's Immediate Family Members, if an individual), specified interests in the Borrower per Part I, Chapter 3: Borrower, Guarantor, Key Principals, and Principals, Section 303: Key Principals, Principals,… based solely on objective credit standards;
- for any Sponsor
SponsorPrincipal equity owner and/or primary decision maker of the Borrower (often the Key Principal or the Person Controlling the Key Principal).
, Key Principal
Key PrincipalPerson who
controls and/or manages the Borrower or the Property,
is critical to the successful operation and management of the Borrower and the Property, and/or
may be required to provide a Guaranty.
, Guarantor
GuarantorKey Principal or other Person executing a
Payment Guaranty,
Non-Recourse Guaranty, or
any other Mortgage Loan guaranty.
, or Person
PersonLegal person, including an
individual,
estate,
trust,
corporation,
partnership,
limited liability company,
financial institution,
joint venture,
association, or
other organization or entity (whether governmental or private).
who owns a Controlling Interest
Controlling InterestFor any entity, ownership or control of 50% or more of the ownership interests in the entity or the power or right to control or modify, directly or indirectly, the management and operations of the entity.
in the Borrower
BorrowerPerson who is the obligor per the Note.
, Key Principal
Key PrincipalPerson who
controls and/or manages the Borrower or the Property,
is critical to the successful operation and management of the Borrower and the Property, and/or
may be required to provide a Guaranty.
, or Guarantor
GuarantorKey Principal or other Person executing a
Payment Guaranty,
Non-Recourse Guaranty, or
any other Mortgage Loan guaranty.
, search the internet for
- any negative press,
- current or prior lawsuits, and/or
- fair housing violations or other sanctions;
- ensure all:
- Potential Red Flags for Mortgage Fraud and Other Suspicious Activity were evaluated; and
- unresolved red flags were reported per Part I, Chapter 3: Borrower, Guarantor, Key Principals, and Principals, Section 310: Compliance ; and
- document all due diligence findings in the Transaction Approval Memo.
Prohibited practices include:
- basing the risk assessment on any characteristic protected by any fair housing or fair lending law, including
- race,
- color,
- religion,
- sex,
- handicap,
- familial status, or
- national origin of the prospective
- Borrowers BorrowersPerson who is the obligor per the Note. ,
- Guarantors GuarantorsKey Principal or other Person executing a Payment Guaranty, Non-Recourse Guaranty, or any other Mortgage Loan guaranty. ,
- Key Principals Key PrincipalsPerson who controls and/or manages the Borrower or the Property, is critical to the successful operation and management of the Borrower and the Property, and/or may be required to provide a Guaranty. ,
- Principals PrincipalsPerson who owns or controls, in the aggregate, directly or indirectly (together with that Person's Immediate Family Members, if an individual), specified interests in the Borrower per Part I, Chapter 3: Borrower, Guarantor, Key Principals, and Principals, Section 303: Key Principals, Principals,… ,
- Property PropertyMultifamily residential real estate securing the Mortgage Loan, including the fee simple or Leasehold interest, Improvements, and personal property (per the Uniform Commercial Code). occupants, or
- residents of the Property's Property'sMultifamily residential real estate securing the Mortgage Loan, including the fee simple or Leasehold interest, Improvements, and personal property (per the Uniform Commercial Code). neighborhood; or
- using
- unsupported assumptions,
- personal opinions, or
- unsupported perceptions.
You must:
- complete a credit review by analyzing information about the Borrower's
Borrower'sPerson who is the obligor per the Note.
, Key Principals
Key PrincipalsPerson who
controls and/or manages the Borrower or the Property,
is critical to the successful operation and management of the Borrower and the Property, and/or
may be required to provide a Guaranty.
', and Guarantors
GuarantorsKey Principal or other Person executing a
Payment Guaranty,
Non-Recourse Guaranty, or
any other Mortgage Loan guaranty.
'
- organizational structure,
- multifamily business experience and qualifications,
- general credit history, and
- current and prospective financial condition; and
- ensure the financial strength, experience, qualifications, and credit history of the Borrower
BorrowerPerson who is the obligor per the Note.
, Key Principals
Key PrincipalsPerson who
controls and/or manages the Borrower or the Property,
is critical to the successful operation and management of the Borrower and the Property, and/or
may be required to provide a Guaranty.
, and Guarantors
GuarantorsKey Principal or other Person executing a
Payment Guaranty,
Non-Recourse Guaranty, or
any other Mortgage Loan guaranty.
support the transaction's
- size,
- complexity,
- structure, and
- risk.