Borrower Name

Definition of Borrower Name

In the context of a commercial mortgage, the Borrower Name refers to the specific legal entity or individual that is legally obligated to repay the debt and is formally identified as the mortgagor on the loan documents. Unlike residential mortgages, where the borrower is typically an individual, the borrower name in a commercial transaction is most often a business entity created for the sole purpose of owning and operating a specific property.

Detailed Description

The Borrower Name is a critical data point in commercial real estate finance because it dictates the legal structure of the debt and determines who holds the title to the collateral. Below are the key components and considerations regarding the borrower name:

• Legal Entity Status: Most commercial lenders require the borrower to be a Special Purpose Entity (SPE) or Single Purpose Entity. This means the borrower name will often appear as a Limited Liability Company (LLC), a Limited Partnership (LP), or a Corporation. Using an SPE helps isolate the asset and the loan from the other financial risks of the parent company or individual sponsors.
• Accuracy and Consistency: The borrower name must precisely match the name recorded with the Secretary of State in the jurisdiction where the entity was formed. Even minor discrepancies—such as "LLC" versus "L.L.C."—can cause significant legal delays during the title search, underwriting, and closing processes.
• Relationship to the Sponsor: While the Borrower Name is the entity taking the loan, the Sponsor or Principal is the individual or parent company behind that entity. While the sponsor manages the project, they are not usually the "Borrower" unless they are signing as a personal guarantor.
• KYC and Compliance: Lenders use the borrower name to conduct "Know Your Customer" (KYC) and Anti-Money Laundering (AML) checks. This involves "looking through" the borrower name to identify the ultimate beneficial owners who hold a significant stake in the entity.
• Recourse and Liability: The name listed as the borrower determines the primary target for legal action in the event of a default. In non-recourse financing, the lender’s recovery is generally limited to the assets owned by the entity listed under the borrower name, rather than the personal assets of the individuals behind the entity.

Ultimately, the Borrower Name serves as the foundation for the Promissory Note, the Mortgage/Deed of Trust, and the Assignment of Rents. It is the legal "anchor" that ties the financial obligation to the physical real estate collateral.