Bank Frustrations: Loan Mod; Prepayment Penalty; Refusal of ELOC

Bank Frustrations: Loan Mod; Prepayment Penalty; Refusal of ELOC

Investor · Charlotte, NC · Member since 2015 · 9 posts · 2 votes

Good Morning Everyone. I'm more than a bit frustrated with my current lender. Five years ago, I purchased a 16 Unit apartment complex for 472k put about 150k into it. Raised the rents from $500 to $800. Reduced vacancy from 25% to essentially zero. The balloon payment came due this November so I worked with the bank in an attempt to do the following: 1) put in place a loan modification to refinance; and 2) open a significant equity line (to fund the purchase of my next investment). The Bank's appraisal for the loan mod came back at 910k which I feel is at least 200k too low but whatever. The response I got back from the bank was that they would not provide an equity line (citing current economic conditions). I pushed and pushed to get an equity line but got nowhere. Using the Bank's value of 910k I have roughly 560k of equity. How is this possible that the bank wouldn't be interested in giving me an equity line on at least 1/2 of that? Here's the kicker, they send over the loan mod with a prepayment penalty addendum (3% year 1; 2% year 2; 1% year 3; goes away after that). I signed the loan but did not sign the addendum. The bank has since accepted my payments but someone at the bank finally realized there was no addendum and they are now asking me to sign it. I'm frustrated because I already went through a prepayment penalty period with the original loan. So, in my mind they have recouped their costs of getting my business and are now making money from me. So, there's no need for another prepayment period (in my mind - a loan mod should be a low-cost effort for the bank especially since I paid for their appraisal).

Taken separately I think I could move past not getting an equity line or having to agree to another prepayment penalty but the combination of the two I find infuriating. Essentially, they are holding me and my equity captive for three years. While in the end the outstanding loan balance is pretty low so any prepayment penalty wouldn't be that much, its more the principle that really gets me. So, in order to make my next investment in the next three years, I would need to sell the property which I'm not really interested in doing and pay a prepayment penalty. I told the bank over the phone I wasn't signing the prepayment penalty form and they have since sent me an email requesting a formal response.

Any and all thoughts, comments or suggestions welcome. Thanks in advance.

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  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    5y

    Before your next renewal, shop around.

    BankFinancial will do both permanent financing and a line of credit on commercial MF in NC. I had poor execution with them on a LOC due to appraisal issues; so, buyer beware but that was a few years ago with a different relationship manager.

    Your balloon payment essentially requires a refinance; so, loan terms, including PP penalties would be similar to getting a new loan.  If you don't want prepay penalties, check with local credit unions.  Or get a variable rate loan (instead of having the bank take on all the interest rate risk of a fixed rate loan).

  • Lender · Chicago, IL · Member since 2016 · 653 posts · 313 votes
    5y

    I understand that frustration for sure. It sounds like you already executed the refi with the current lender. If you want an equity line, call around other local vendors using google maps. Try credit unions too, you may have to open an account with them, but some do provide some interesting commercial options. 

    Good luck

  • Cincinnati, OH · Member since 2020 · 4k+ posts · 3k+ votes
    5y

    @Dan O'Neill, my lender has prepayments on my loan mods as well.  Commercial loans tend to have those, particularly on fixed rate financing, as the bank wants to make sure it is covering its capital needs, and is making the margin on its deposits for a certain period of time.

    As mentioned, you best bet is to keep shopping around. I would also read your existing mortgage to be certain you can place a Line of Credit in top of the primary.  Lastly, with the prepayment addendum, I would tread cautiously and know your mortgage and note inside and out.  It would not surprise me if there is language stating that without the addendum, the mortgage is not considered valid, and therefore callable.

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