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Recourse

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Recourse

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In real estate, recourse is the responsibility of the guarantor(s) of a mortgage loan to repay said loan in the event of borrower default. Similarly, a recourse mortgage loan is a loan in which the mortgage lender is protected against loss by one or more guarantors.

For example, the single-asset entity 555 Main St, LLC, acting as borrower, borrows from Mortgage Lender ABC $10 million to develop an apartment community. John Jones, acting as Principal Guarantor, personally guarantees the loan. In the event borrower defaults on the mortgage loan and should the foreclosure sale fail to satisfy the unpaid principal balance plus penalties, Mortgage Lender ABC has recourse to other assets owned by John Jones.

Related Content:
  • Glossary: Non-Recourse Carve-Outs
  • Glossary: Guarantee of Non-Recourse Carve-Outs
  • Glossary: Springing Recourse
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