Do Participation
Loans Scare You?
The
proper answer here is: “They
should!” Especially if you do not have a
clear idea at any time how the file is being managed. Concerns over what information is or is not
present in a file and if the risk profile has changed from what you know will
keep you awake at night. Thinking about
how an examiner will treat a participation that lacks proper loan documentation
is downright a nightmare!
Recently, we closed a major participation loan. Even after the closing, there exists some
confusion among the participants as to what role MBS plays in the transaction
and what role the credit union plays. In
this blog, I thaought it valuable to provide an overview of what each
stakeholder does in a MBS participation.
Pre-Underwriting to Term Sheet
The
interaction between MWBS and the member is determined by the lead credit
union. In the most recent loan we
closed, the lead was not familiar with lending in the borrower’s industry. They provided us the contact information, and
we met directly with the partnership group to discuss the project and gather
all necessary documents to underwrite the loan.
We also met directly with the general contractor and the developer of
the retail/office development. After
these meetings and our collection of information, we worked with the lead
credit union as to acceptable terms for the loan. These terms were documented to the client in
a term sheet.
Each
interaction with a commercial or agricultural member is different. It is the responsibility of the lead credit
union to determine when and to what extent to involve MWBS directly with the
client. I have spent over 20 years in
the field. I hated when my relationship
with the client was usurped by a manager who had nothing better to do than to
meddle. Sometimes I had to apologize to
the client after the meeting just to keep the relationship going. At other times, directly bringing in an
expert from the credit side of the shop helped strengthen the customer
relationship and navigate the credit request into a closed loan.
So
it is my belief and also the position we take at MWBS, that the level of direct
interaction between MWBS and your customer is determined by you as the lead.
Underwriting to Loan Sale
Once
the borrower approved the terms, we then continued the underwriting process by
analyzing all relevant information and preparing a comprehensive write-up. The lead credit union reviewed both the write-up
and all source documents, made suggestions for improvements on the credit
analysis and then approved the deal. In
this case, the credit union did not want to own the entire credit, so a
participation sale was needed. MWBS
revised the write-up for the sale and began to market the opportunity, first to
MWBS members, then MWBS subscribers, and finally to any other interested funding
source. In each presentation, the
interested loan buyer had access to both the credit presentation and all source
documents to make their own judgment about the appropriateness of the credit
for their portfolio.
At
the same time, all other things necessary to complete the underwriting, such as
the appraisal, environmental report and title work, were all ordered and
reviewed by MWBS. These documents, along
with MBS reviews, were presented to the participants.
Closing
Closing
documents were prepared by MWBS. We have
a loan document system that allows us to prepare appropriate closing documents,
applicable in any state. In this case,
we had participants in North and South Dakota, a borrower in North Dakota and a
project in Minnesota. The document set
was sent to all participants and borrowers for review prior to closing.
MWBS
worked directly with the title company to arrange the closing and utilized the
title company to close the transaction and handle the filing of all appropriate
lien documents.
Construction Management
MWBS
will manage the construction process on this loan. We have contracted with a title company to
handle all disbursements and lien waiver collection. We also have a third party architect that
will provide percentage of completion inspections throughout the process. This is in addition to the general contractor
and architect of the borrower signing off on each draw request.
Draw
requests and inspections will be presented to the participants when funds are
needed. Each participant will be able to
review the request and will then electronically transmit the funds to MWBS’
account. MWBS will then directly pay the
title company, who will pay the construction bills.
Loan Servicing
MWBS
services its own participations. All
bills and statements are generated by MWBS and sent to the customer. Any other customer communication, such as
sending tax statements, comes from MWBS. Payments are sent to MWBS and applied to the
loan, utilizing the core processing system of MWBS. Monies are distributed to each participant,
along with a detailed breakdown of how they should be applied. It is the job of the lead and its
participants to apply their payment appropriately.
Loan File Management
It
is my belief that if you are the participant on a loan file, you should have
access to whatever is in the file. We
provide that through a secure electronic file that can be accessed on-line. Each credit union participant has its own
folder set up on our servers and its own unique password. A credit union can log in and view its loan
files in an indexed fashion whenever it wants.
File
management is ongoing, and MBS utilizes an electronic tickler system to track
when information is required to be placed in the file according to the loan
covenants. Notifications can be sent
directly to the borrower and communicated to the lead credit union, if
assistance is needed to collect documents.
MWBS reviews these loans in light of the current financial information on
an annual basis. A term loan review is
prepared, along with a new risk grade, reflecting the current condition of the
credit. All this information is placed
in the electronic file. Loan owners can
access current information that has been processed by MBS inside the file.
The Role of the Credit Unions
The
loan owners may find this structure is different than other participations they
are involved in. The lead credit union
helps determine the direct level of involvement MWBS has with the client. The lead may assist MWBS in obtaining all the
necessary documents for underwriting, but the lead does not produce the loan
documents, close the loan, accept payments from the customer and pay all participants
directly. All this is handled by
MWBS.
I
would like to say the participants can just sit back and relax after the loan
is closed, but I would be lying if I told you all you had to do was to clip
payment coupons that we send you. The
loan participation is still an asset on your books, and as with any asset, you
must watch and monitor it as if this were money from your own grandmother. The MWBS structure gives you the proper tools
to do that.