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  • Writer's pictureColin Dubel

How Commercial Mortgages are Regulated

Commercial mortgages are regulated differently than residential mortgages, and the level of regulation can vary depending on the jurisdiction in which the property is located.

In general, commercial mortgages are subject to fewer regulations than residential mortgages. This is because commercial mortgages are typically made to businesses, which are assumed to have more knowledge and experience in financial matters than individual consumers. However, some regulations do exist to protect borrowers and ensure that lenders follow fair lending practices.


The regulations governing commercial mortgages may include:

  1. Disclosure Requirements: Lenders may be required to provide borrowers with detailed information about the terms of the mortgage, including interest rates, fees, and other charges.

  2. Non-Discrimination Rules: Lenders are prohibited from discriminating against borrowers on the basis of race, ethnicity, religion, gender, age, or other protected characteristics.

  3. Underwriting Standards: Lenders may be required to follow certain underwriting standards when evaluating loan applications, such as verifying income and employment, assessing creditworthiness, and reviewing financial statements.

  4. Licensing and Registration Requirements: Lenders may be required to obtain a license or register with a regulatory agency before offering commercial mortgages.

In some cases, commercial mortgages may be subject to more stringent regulations than residential mortgages. For example, in the United States, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 imposes additional requirements on lenders who offer high-cost or "subprime" commercial mortgages, including the requirement to verify a borrower's ability to repay the loan.


Overall, the level of regulation of commercial mortgages can vary depending on the jurisdiction and the type of mortgage being offered. However, lenders are generally required to follow fair lending practices and disclose key terms and conditions to borrowers.


If you have any questions about this article or would like to discuss a scenario of your own with our team, please feel free to contact Colin Dubel at colin@harborwestcommercial.com or 949-735-6415.

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