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Loan Forbearance

Draft Forbearance Agreements in Minutes, Not Hours

12 minutes with CaseMark

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Loan Forbearance

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Loan Forbearance

Overview

CaseMark's Loan Forbearance Agreement skill automates the drafting of lender-protective commercial loan forbearance agreements. By analyzing your existing loan documents, default facts, and proposed terms, the AI produces a comprehensive agreement that temporarily suspends remedies while meticulously preserving all lender rights and remedies.

Drafting commercial loan forbearance agreements is a painstaking process requiring attorneys to manually cross-reference multiple loan documents, catalog every existing default, calculate outstanding balances, and ensure no lender rights are inadvertently waived. A single omission—a missed default, an incomplete release, or a poorly drafted termination trigger—can significantly weaken the lender's position and expose the institution to unnecessary risk.

CaseMark's AI analyzes your complete loan document package and default information to generate a comprehensive, lender-protective forbearance agreement in minutes. The output captures every existing default, preserves all remedies, includes borrower acknowledgments and releases, and structures clear termination events—ensuring nothing falls through the cracks while dramatically accelerating your workout timeline.

How it works

  1. 1. Upload your existing loan documents, default details, and proposed forbearance terms

  2. 2. AI analyzes the loan structure, identifies defaults, and drafts a comprehensive forbearance agreement

  3. 3. Review and customize party details, payment schedules, conditions, and protective provisions

  4. 4. Export the finalized forbearance agreement in your preferred format (DOCX, PDF)

What you get

  • Title and Parties Table

  • Contractual Recitals

  • Defined Terms

  • Forbearance Terms and Payment Schedule

  • Conditions Precedent

  • Borrower Acknowledgments and Releases

  • Guarantor Reaffirmation

  • Reporting Requirements

  • Termination Events and Remedies

  • Governing Law and Signature Blocks

What it handles

  • Comprehensive recitals capturing all existing defaults and outstanding balances

  • Structured forbearance terms with payment schedules and deferral treatment

  • Conditions precedent and termination event provisions

  • Borrower acknowledgments, waivers, and lender release language

  • Guarantor reaffirmation and collateral preservation clauses

  • Reporting requirements and compliance monitoring framework

Required documents

  • Loan Documents

    Existing loan agreement, promissory note, security agreement, mortgages, guaranties, and any prior amendments or modifications

    .pdf, .docx

  • Default and Payoff Information

    Details of specific defaults, dates, amounts, covenant breaches, notices given, and current payoff data including principal, accrued interest, fees, and protective advances

    .pdf, .docx, .xlsx

  • Proposed Forbearance Terms

    Proposed forbearance period, payment schedule, fee structure, deferral treatment, reporting requirements, and any special conditions

    .pdf, .docx

Supporting documents

  • Collateral Valuations

    Appraisals, insurance certificates, perfection documentation, and collateral descriptions

    .pdf, .xlsx

  • Borrower Financial Statements

    Recent financial statements, tax returns, or projections supporting the forbearance request

    .pdf, .xlsx

  • Prior Workout Correspondence

    Letters, emails, or term sheets exchanged between lender and borrower regarding the proposed forbearance

    .pdf, .docx

Why teams use it

Reduce forbearance agreement drafting time from hours to minutes while maintaining lender-protective standards

Ensure no existing defaults or lender rights are inadvertently waived through comprehensive acknowledgment provisions

Generate consistent, thorough agreements with all critical protective provisions including releases, reaffirmations, and termination triggers

Accelerate loan workout timelines to help borrowers and lenders reach resolution faster

Questions

How does CaseMark ensure the forbearance agreement protects lender rights?

CaseMark's AI is specifically designed to draft lender-protective agreements that preserve all existing remedies, require borrower acknowledgment of defaults and debt validity, and include comprehensive release and waiver language. Every provision is structured to ensure the lender's position is never weakened by the forbearance accommodation.

Can the AI handle multiple defaults and complex loan structures?

Yes. CaseMark captures and itemizes each specific default—whether payment defaults, covenant breaches, or other events—and incorporates them into the recitals and defined terms. The AI handles multi-tranche facilities, multiple guarantors, and layered collateral structures.

Does the agreement include conditions precedent and termination triggers?

Absolutely. CaseMark generates detailed conditions precedent that must be satisfied before the forbearance becomes effective, as well as specific termination events that immediately end the forbearance period and restore all lender remedies, including new defaults and reporting failures.

How does CaseMark handle guarantor reaffirmation?

The AI automatically includes guarantor reaffirmation provisions that confirm each guarantor's obligations remain in full force, acknowledge the forbearance terms, and waive any defenses that might arise from the modification. Guarantors are included as signing parties to the agreement.

Can I customize the payment schedule and deferral terms?

Yes. You provide the proposed forbearance terms including payment amounts, dates, interest rate treatment, fee deferrals, and maturity adjustments. CaseMark structures these into a clear, enforceable payment schedule with appropriate default provisions for missed payments.

Is the output jurisdiction-specific?

CaseMark drafts agreements under U.S. commercial lending law and follows the governing law and venue provisions from your existing loan documents. You can specify or override the governing jurisdiction as needed for your particular transaction.

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