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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteStart with the signed note, mortgage or deed of trust, guaranties, amendments, lender notices, and a current payoff statement. Confirm the exact maturity date, balloon balance, extension rights and conditions, notice deadlines, fees, prepayment terms, and what happens if the balance is not paid. Then contact the lender or servicer in writing and compare a refinance, negotiated renewal or workout, sale, equity contribution, or another payoff source. A lender may consider an accommodation, but neither a refinance nor an extension is automatic.
This is general U.S. information, not legal, tax, or individualized lending advice. The documents and law governing your loan control.
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1. Establish exactly what is due and when
“Coming due” usually refers to the loan’s maturity, when the remaining principal becomes payable, rather than an ordinary monthly installment date. Many commercial mortgages amortize only part of the principal and leave a balloon balance at maturity. Do not estimate that balance from an old statement.
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Pull the controlling documents
- Promissory note and all amendments or modification agreements.
- Mortgage or deed of trust, assignments of leases and rents, and other collateral documents.
- Personal, corporate, or other guaranties.
- Current lender or servicer notices, payment history, and escrow or reserve statements.
- A written payoff statement showing principal, accrued interest, fees, protective advances, and the date through which the quote is valid.
Check whether the maturity date is a calendar date, a date tied to another event, or subject to a notice requirement. Look for an extension option, the conditions for using it, an extension fee, required principal reduction, updated financial reporting, or a minimum debt-service-coverage or loan-to-value test. An option in the document is different from an informal promise by a relationship manager.
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Identify the consequences of missing maturity
Read the default and remedies sections for late charges, default interest, notice and cure provisions, cash-management rights, appointment of a receiver, acceleration, enforcement of guaranties, and foreclosure. A discussion with a lender does not by itself change the contractual maturity or suspend remedies. Ask the lender to state the loan’s status and any agreed standstill or forbearance in writing.
2. Contact the lender before the deadline
Send a concise written request to the lender or servicer as soon as you know the loan may not be paid in full. Ask which of these it will evaluate: a payoff, new loan, short extension, renewal at a new rate, re-amortization, additional credit, or formal restructuring. Request the application process, decision-maker, required documents, valuation requirements, fees, and a realistic closing schedule.
The Office of the Comptroller of the Currency (OCC) describes possible troubled-loan outcomes as “simple renewal or extension of the loan terms; extension of additional credit; formal restructuring of the loan terms with or without concessions; or, in some cases, foreclosure on underlying collateral.” Its guidance also says, “Banks should choose the alternative that will maximize the recovery and minimize the risk on each troubled loan.” These statements describe lender decision-making, not a borrower’s right to receive a workout. See the OCC Problem Loans guidance.
Present a credible repayment plan
Explain why the maturity shortfall exists, what has changed since origination, and how the proposed terms reduce risk. Include current rent rolls, leases and expirations, operating statements, bank statements, a current rent-collection report, property-tax and insurance status, capital-expenditure needs, and a personal or business liquidity summary when requested. A lender’s checklist is specific to that loan; no single package is required by every lender.
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Show the source and timing of every dollar that will repay the loan: operating cash flow, a committed refinance, a sale contract, equity, or another documented source. If assumptions depend on lease renewals, occupancy, a sale price, or an appraisal, identify that dependency instead of presenting it as certain.
3. Path one: refinance the maturing debt
A refinance is a new commercial loan that pays off the existing balance. You can ask the current lender and other commercial lenders, but each will underwrite the borrower and property anew. Approval, proceeds, pricing, and timing are not assured.
What a new lender will examine
- Property cash flow, rent collections, tenant concentration, lease rollover, occupancy, and operating expenses.
- Loan-to-value based on an appraisal or other valuation and the property’s condition and capital needs.
- Debt-service coverage using documented income and the proposed payment.
- Borrower financial statements, liquidity, credit history, contingent liabilities, and ownership structure.
- Title, survey, environmental matters, insurance, taxes, lien priority, and organizational authority.
- Guarantees, reserves, covenants, reporting obligations, and the lender’s appetite for the property type and market.
A lower initial payment can conceal a short amortization, a future balloon, a rate reset, or large reserves. Request a complete term sheet and amortization schedule, not just a quoted rate.
SBA-backed possibilities for eligible businesses
For an eligible small business, an SBA 7(a) loan may support refinancing certain existing debt under program rules. SBA 504 financing can refinance qualifying debt through a Certified Development Company, also subject to eligibility and use requirements. The SBA states that 504 financing cannot be used for speculation or investment in rental real estate, so an investor-owned rental property is not automatically a candidate. Review the current SBA lender resources and SBA 504 loan guidance, then confirm eligibility with an authorized lender or CDC. SBA program limits, terms, and servicing rules can change.
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4. Path two: negotiate with the existing lender
The current lender already knows the payment history and collateral, which can make a documented renewal or workout worth exploring. Possible structures include:
- Short extension: More time to refinance or sell, often with an extension fee, additional interest, reserves, or a principal curtailment.
- Renewal: A new maturity and pricing, potentially with a new underwriting review and updated covenants.
- Re-amortization: Payments recalculated over a longer period, which may lower current debt service but increase total interest or leave a later balloon.
- Additional credit: New funds for an approved need, generally requiring supportable cash flow and additional collateral or guarantees.
- Formal restructuring: Modified payment, covenant, collateral, or guaranty terms, with or without concessions.
The Federal Reserve’s commercial real estate workout policy gives a hypothetical example in which a lender renews a $13.6 million loan at a market interest rate reflecting incremental risk and bases payments on amortizing principal over the remaining 15 years. Those figures illustrate one scenario; they are not a market offer, required structure, or statistic.
Questions to put in writing
- What is the exact payoff amount and per-day interest through the proposed closing date?
- Will the lender consider an extension or renewal, and what conditions, fees, reserves, curtailment, rate, and maturity would apply?
- What documents and valuation will the lender require?
- Will the existing loan remain current while the request is reviewed, and who has authority to approve it?
- What happens if the request is declined or cannot close before maturity?
Do not treat a preliminary conversation, internal review, or unsigned term sheet as an agreement. Obtain an executed amendment, renewal, forbearance, or replacement loan before relying on changed terms.
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If refinancing and a workout are not viable, a sale may generate the payoff. Review the time needed for marketing, due diligence, appraisal, title work, lender approval, and closing. Check transfer restrictions, defeasance or prepayment charges, taxes, broker and closing costs, environmental issues, and whether a sale leaves a deficiency or triggers a guaranty.
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Other possibilities include a new equity contribution, a capital partner, preferred equity, an approved subordinate loan, or funds from another asset. These alternatives can dilute ownership, add fees and reporting, or create additional liens and intercreditor requirements. Have counsel and tax professionals analyze the structure before signing.
6. Compare proposals on the same facts
Use the same assumed payoff date, outstanding balance, property cash flow, and ownership information for every option. Compare the entire obligation rather than the first monthly payment.
| Comparison point | Questions to answer |
|---|---|
| Total cash required | What principal, accrued interest, legal costs, appraisal, title, lender, brokerage, and other transaction fees are due? |
| Payment supportability | What is the monthly debt service, and does documented property income cover it under conservative occupancy and expense assumptions? |
| Rate risk | Is the rate fixed, floating, or subject to a reset? What index, spread, floor, cap, and hedging cost apply? |
| Amortization and balloon | How much principal is repaid before the next maturity, and what balance remains then? |
| Timing certainty | Can underwriting, appraisal, title, approvals, and closing finish before the contractual maturity? |
| Collateral and guarantees | Are new properties, deposits, rents, or personal guarantees required? Is existing collateral released? |
| Covenants and reporting | What debt-service, loan-to-value, occupancy, reserve, cash-management, and reporting tests apply? |
| Flexibility and exit | Are there prepayment penalties, lockouts, extension rights, sale restrictions, or requirements to sweep excess cash? |
Ask for a year-by-year payment schedule and projected payoff. A lower payment may simply defer principal and create a larger future balloon or a higher total cost.
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7. A practical timeline for the work
Immediately
- Calendar the maturity and every notice deadline from the documents.
- Order a written payoff statement and reconcile it to your records.
- Ask the lender for its refinance, renewal, extension, or workout process.
- Engage a commercial real estate attorney and, where relevant, a tax or financial professional.
During lender review
- Deliver complete, consistent financial and property information.
- Keep taxes, insurance, utilities, maintenance, and required debt payments current when possible.
- Track every request, promise, deadline, and version of a term sheet.
- Run a downside case for vacancy, delayed leasing, higher rates, repairs, and a slower sale.
Before signing
- Have counsel review amendments, guaranties, releases, defaults, waivers, collateral descriptions, and confession-of-judgment or similar provisions where applicable.
- Confirm the payoff date, wire instructions, funds flow, lien releases, and whether the new document actually extends maturity.
- Verify that the final payment and balloon schedule match the approved terms.
8. If you may miss the maturity date
Tell the lender promptly, state the amount and date of any shortfall, and request written instructions. Ask whether the loan is considered matured, in default, or subject to a temporary arrangement. Do not assume a grace period, verbal accommodation, or pending application prevents default interest, acceleration, foreclosure, or enforcement of a guaranty. The OCC lists foreclosure as one possible outcome for a troubled loan.
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For an SBA-guaranteed loan, SBA servicing pages are directed primarily to lenders. The National Guaranty Purchase Center describes a 120-day-after-maturity window relevant to a lender’s request to purchase a guaranty; it is not extra repayment time granted to the borrower. Review the National Guaranty Purchase Center information and the Commercial Loan Service Center materials without treating them as a borrower grace period.
Preserve records, avoid transferring collateral or rents without advice, and obtain counsel before acknowledging a default, signing a forbearance, or making a payment that changes lien or guaranty rights. A tax professional can address cancellation-of-debt income, sale gains or losses, entity consequences, and restructuring costs.
9. Make the decision using a written risk test
Choose the path that can be documented, funded, and completed before maturity while keeping payments supportable under a realistic downside case. A refinance may be best when valuation, cash flow, and borrower strength satisfy a new lender. A renewal or workout may be more practical when the property is viable but timing or market conditions block a new loan. A sale or new equity may limit enforcement risk when the property cannot support another sustainable debt structure.
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Write down the chosen path, backup path, required approvals, cash needed, deadlines, and the consequence of failure. Revisit the plan whenever a lender, appraiser, tenant, buyer, or title professional changes a key assumption.
Quick Recap
10. Official resources
- OCC Problem Loans explains common workout forms and lender recovery considerations.
- Federal Reserve policy on prudent commercial real estate loan accommodations and workouts provides supervisory principles and an illustrative workout example.
- SBA lender resources and SBA 504 loans describe program channels and eligibility concepts.
- SBA Commercial Loan Service Center and the SBA National Guaranty Purchase Center publish lender-facing servicing information.
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