What Is a Commercial Loan, Foreclosure or Guaranty Claim Worth?
Free during the beta: describe your own facts, or upload your documents, and get a damages range with the reasoning and the cases behind it.
Estimate your commercial loan, foreclosure or guaranty claim
How damages are usually measured
A lender's recovery starts with the unpaid balance, interest and default interest, and protective advances for taxes and insurance, less what the collateral brings. Whether the lender can pursue a deficiency, and whether a fair-value offset applies, depends on the state and on how the foreclosure was conducted. Guaranty claims turn on the guaranty's terms, including the carve-out triggers that make a nonrecourse loan recourse. A borrower's counterclaim for lender misconduct is a separate exposure with its own measure of damages.
General background, not legal advice; the rules vary by state and by the documents in your deal.
What the calculator asks about
These are the facts it pulls from your description or documents for a commercial loan, foreclosure or guaranty claim:
- Property state
- Outstanding loan balance
- Has a foreclosure action been filed?
- Foreclosure method used, if known
- Does the borrower dispute the default itself?
- Lender protective advances
- Foreclosure sale proceeds, if known
- Court-determined or appraised fair market value at foreclosure, if any
- Has a receivership motion been filed?
- Is a guaranty carve-out trigger event alleged?
How it did on real cases
In CREdocket's published backtest (v4.3), the calculator's range contained the final outcome in 4 of 7 commercial loan, foreclosure or guaranty claim cases, and in 17 of 32 cases across all categories. Each case below was run through the live calculator on a verbatim excerpt of the court's statement of facts and each side's contentions, with every sentence stating an award, finding or holding removed, then scored against the final result after any appeal.
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CLE Venture Fund, L.P. v. Coventry Partners, L.L.C.
Calculator range: $-812,000 – $2.45M Final outcome: $1.74M Within the range -
1215 Superior, L.L.C. v. a guarantor
Calculator range: $1.16M – $1.51M Final outcome: $1.51M Outside the range -
IGCFCO III, LLC v. One Way Loans, LLC
Calculator range: $5.29M – $5.29M Final outcome: $5.29M Within the range -
Limited Investment Group Corp. v. Huntington National Bank
Calculator range: $368K – $671K Final outcome: $1.37M Outside the range -
Hall CA-NV, LLC v. guarantors
Calculator range: $6.61M – $10.61M Final outcome: $8.61M Within the range -
Can IV Packard Square, LLC v. the borrower's principal
Calculator range: $31.75M – $54M Final outcome: $13.99M Outside the range -
A borrower v. Wells Fargo Bank, N.A., as CMBS trustee
Calculator range: $218K – $6.15M Final outcome: $245K Within the range
Full backtest results and method →
Get a range for your own commercial loan, foreclosure or guaranty claim
Describe both sides' positions, or upload the lease, loan documents, pleadings or appraisals. The estimate needs both sides' facts; a one-sided complaint alone is not enough to value a case. Sign-in is email only.
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Estimates are probability-weighted ranges from the facts you provide, not a prediction of any court's ruling and not legal advice.