Direct Commercial Debt Desk · NMLS #1934536
Rescue Capital

Bankruptcy Exit Financing & Foreclosure Takeout Commercial Loans

When commercial property owners face imminent foreclosure auctions, maturity defaults, or Chapter 11 bankruptcy reorganization, conventional debt sources evaporate. Sourcing emergency capital requires specialized Foreclosure Takeout Bridge Debt or Bankruptcy Exit Financing. These rescue loans provide the liquidity required to satisfy existing lender payoff demands, dismiss bankruptcy petitions, and preserve sponsor equity.

Indicative Underwriting Matrix

Closing Speed Capability Execution in 7 to 21 Business Days Essential for stopping scheduled foreclosure auctions and sheriffs sales.
Maximum Leverage Basis 55% to 65% of As-Is Liquidation Valuation Sized to emergency liquidation appraisal basis rather than speculative value.
Chapter 11 Exit Structure Funded via Confirmed Plan of Reorganization Requires U.S. Bankruptcy Court final order authorizing exit financing.
Interest Carry Sizing 12 to 18-Month Fully Capitalized Interest Reserve Ensures property has runway to stabilize without immediate cash debt service.

Bankruptcy financing is subject to U.S. Bankruptcy Code Section 364 approval. Emergency foreclosure takeouts require immediate title and payoff coordination.

How Foreclosure Takeout Loans Stop Impending Auction Sales

When a senior mortgage lender records a Notice of Default (NOD) and schedules a commercial trustee sale or judicial foreclosure auction, the owner faces catastrophic loss of equity. Commercial banks will not refinance a borrower in active foreclosure.

Specialty rescue bridge lenders can execute emergency takeout loans in as little as 10 to 14 days. Sizing is based strictly on the unencumbered as-is market value of the real estate (typically capped at 55% to 65% LTV). The new loan funds are wired directly to the foreclosing lender payoff escrow, satisfying the debt in full, recording a formal lien release, and extinguishing the auction.

Structuring Chapter 11 Bankruptcy Exit Financing

If a property owner files Chapter 11 bankruptcy to trigger the "automatic stay" and block foreclosure, the asset remains under federal bankruptcy court jurisdiction.

To exit bankruptcy, the debtor must propose a formal Plan of Reorganization that pays creditors. A Bankruptcy Exit Loan provides the lump-sum capital to fund the plan. The lender issues a commitment letter, which the debtor files with the bankruptcy court. Following a confirmation hearing under 11 U.S.C. § 1129, the federal judge signs a final order authorizing the financing, extinguishing all pre-petition liens and delivering clean title to the reorganized entity.

Direct Underwriting Intelligence

Frequently Answered Financing Questions

Verified answers to common borrower and broker inquiries regarding loan sizing, guidelines, and execution.

Underwriting Q&A

Can you get a commercial loan while in active Chapter 11 bankruptcy?

Yes. Commercial borrowers in Chapter 11 can obtain Debtor-in-Possession (DIP) financing during proceedings, or Exit Financing to fund a confirmed Plan of Reorganization.

All bankruptcy financing requires formal notice to creditors and a binding approval order from the presiding U.S. Bankruptcy Court judge.

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Underwriting Q&A

How fast can a commercial rescue bridge loan close to stop a foreclosure sale?

Specialty commercial private bridge lenders can close rescue loans in 7 to 14 business days, provided the borrower has a current title report and property access for appraisal.

Fast execution is achieved by underwriting collateral value and liquidity rather than relying on multi-week bank credit committee approvals.

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