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Generally, participation agreements involve one or more participants who purchase an interest in the underlying loan, but a single lender, the lead lender, retains control over the loan and manages the relationship with the borrower.
A loan participation involves a sharing or selling of ownership interests in a loan between two or more financial institutions. Normally, but not always, a lead bank originates the loan, closes the loan and then sells ownership interests to one or more participating banks.
The distinction is simple, but important. Generally, an assignment is the actual sale of the loan, in whole or in part. The assignee is now the owner of the loan (or the part assigned) and is considered the lender under the loan agreement.
For a personal loan agreement to be enforceable, it must be documented in writing and signed by both parties.
Participations are a long-established means by which both: Lenders can reduce their exposure to a borrower's credit risk by selling interests in their loans. An investor can acquire an interest in a borrower's loan without becoming a lender under the loan agreement.
Participation agreements, in the form promulgated by The Loan Syndications and Trading Association, Inc. (LSTA), are widely regarded as dependable vehicles for conveying loan ownership interests from a lender to a participant as true sales in the United States.
Loan agreements typically include covenants, value of collateral involved, guarantees, interest rate terms and the duration over which it must be repaid. Default terms should be clearly detailed to avoid confusion or potential legal court action.
Participation mortgages reduce the risk to participants and allow them to increase their purchasing power. Many of these mortgages, therefore, tend to come with lower interest rates, especially when multiple lenders are also involved.