What are the consequences of defaulting on a commercial real estate loan?

In Tennessee, the consequences of defaulting on a commercial real estate loan can vary according to the terms of the loan contract. Generally, when a borrower defaults on a loan, the lender can take legal action to enforce the terms of the loan contract. The lender may initiate a foreclosure on the property, which will force the borrower to repay the loan or transfer ownership of the property to the lender. Additionally, the lender may take action to secure the payment of the loan by placing a lien on the premises or by garnishing the borrower’s wages. The court in Tennessee may hold the borrower liable for any remaining unpaid balance on the loan after foreclosure, as well as for any costs incurred by the lender during the foreclosure proceedings. Additionally, a default on a commercial real estate loan could affect the borrower’s credit score and negatively impact their ability to obtain financing in the future. Finally, the borrower could be subject to criminal penalties if they knowingly and willfully defraud the lender. In Tennessee, defrauding a lender by intentionally failing to repay a commercial real estate loan is a Class D felony punishable by up to four years in prison and a fine of up to $5,000. In conclusion, the consequences of defaulting on a commercial real estate loan in Tennessee can include foreclosure on the property, liens or wage garnishment, additional cost to repay the loan, damage to credit score, and potential criminal penalties.

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