Can You Get a Bank Loan?: Leveraging Traditional Financing in Syndication
Tilden Moschetti: If you're
putting together a real estate
syndication or any kind of
syndication or fund, one
question you may have is can you
get a bank loan on that property
or whatever those assets are, at
the same time as raising money
through equity from your
investors. We're gonna go
through that my name is Tilden
Moschetti. I am an attorney with
the Moschetti syndication Law
Group. We specialize in
Regulation D Rule 506b and 506c
syndications and helping
syndicators like yourself, put
together those offerings.
Can you take traditional
financing, while you're also
putting together a syndication?
The answer to that question is
yes, you can. So it's part of
your analysis of certainly the
bank or whoever that lender is,
is going to get paid back first.
Right? So first and foremost,
they always get their money back
first, all of your investors
need to come second to that. So
they need to know that you're
going to be taking that
financing. So first off, you
need to disclose it, make sure
that they know now in order to
get that financing, they're
gonna the banks typically are
going to ask for a guarantor.
Now, if it's a non recourse
loan, so a loan where they can
go after the borrower for
anything like a, you know, a
fee, and as part of a
foreclosure, then it they still
are going to need a guarantor
and what they call Bad Boy carve
outs or carve outs, and those
are saying that in the case of
fraud, of course, they can still
go after that person. So they
still need a guarantor for that
limited scenario. For the for a
traditional loan, where there is
a recourse loan, which currently
is the vast majority of the
loans are recourse loans, they
will still require a guarantor
that guarantor is typically you
the sponsor, or a could be some
other person that somehow
affiliated with the investment
vehicle itself. Sometimes what
syndicators will do if they
don't have the financials, to be
able to qualify as the guarantor
is, they will pay for the
guarantee, they will pay for a
guarantor from one of the
investors. And they do this by
offering a finance fee. So they
charge of finance fee of maybe
1%, to the entire investment,
and that money gets sent over to
the gets paid to the guarantor,
one of the investors so that
they get compensated for the
risk level that they're being
taken that they're taking on.
The other thing that banks will
oftentimes require is they want
to know that there is no one in
this part of the syndication
that owns more than 20%.
Typically, it's 20% by have
occasionally heard about it at
10%. Most of the time, it's 20%
is what the underwriting
requires. If anybody owns more
than that, then they need to
sign on the loan itself.
Typically, we don't disclose
names to the banks of all of
your investors. And so if
somebody is going to be own more
than 20%, they need to know that
they probably will have to have
their name disclosed, and they
will also have to sign on the
loan. So the In short, the quick
answer is yes, you can use
traditional financing, hard
money financing all those
different vehicles in order to
raise money, raise additional
capital for the purchase of
assets for your investment
vehicle itself. My name is
Tilden Moschetti. I am an
attorney with the Moschetti
syndication Law Group. We
specialize in Regulation D Rule
506b and 506c offerings, helping
put those offerings together for
real estate syndications
businesses, anybody who needs
outside investment in order to
raise capital from outside
investors to make those asset
acquisitions possible