Section 301
Generally
Requirements
You must:
- perform a risk assessment of the BorrowerBorrowerPerson who is the obligor per the Note. , GuarantorGuarantorKey Principal or other Person executing a Payment Guaranty, Non-Recourse Guaranty, or any other Mortgage Loan guaranty. , Key PrincipalsKey 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 PrincipalsPrincipalsPerson 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 SponsorSponsorPrincipal equity owner and/or primary decision maker of the Borrower (often the Key Principal or the Person Controlling the Key Principal).
, Key PrincipalKey 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.
, GuarantorGuarantorKey Principal or other Person executing a
Payment Guaranty,
Non-Recourse Guaranty, or
any other Mortgage Loan guaranty.
, or PersonPersonLegal 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 InterestControlling 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 BorrowerBorrowerPerson who is the obligor per the Note.
, Key PrincipalKey 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 GuarantorGuarantorKey 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
- BorrowersBorrowersPerson who is the obligor per the Note. ,
- GuarantorsGuarantorsKey Principal or other Person executing a Payment Guaranty, Non-Recourse Guaranty, or any other Mortgage Loan guaranty. ,
- Key PrincipalsKey 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. ,
- PrincipalsPrincipalsPerson 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,…,
- PropertyPropertyMultifamily 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'sProperty'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'sBorrower'sPerson who is the obligor per the Note.
, Key PrincipalsKey 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 GuarantorsGuarantorsKey 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.
- Ensure the financial strength, experience, qualifications, and credit history of the BorrowerBorrowerPerson who is the obligor per the Note.
, Key PrincipalsKey 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 GuarantorsGuarantorsKey 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.