Drafting forbearance agreements manually requires reviewing original loan documents, researching state-specific requirements, and ensuring all standard provisions are properly included. Attorneys spend hours cross-referencing loan terms, searching for template language, and verifying compliance with jurisdictional best practices—time that could be better spent on client strategy.
When borrowers default on commercial loans, lenders need sophisticated forbearance agreements that protect their rights while providing temporary relief. Manually drafting these complex workout documents requires extensive review of loan files, careful balancing of competing interests, and precise legal language—typically consuming 6-8 hours of attorney time. Errors or omissions can jeopardize the lender's security position or create unintended waivers of critical enforcement rights.
CaseMark automates the entire forbearance agreement drafting process by analyzing your loan documents, extracting critical terms, and generating comprehensive agreements tailored to your specific transaction. The platform ensures all essential protections are included—from reservation of rights and default triggers to borrower acknowledgments and release provisions—while maintaining the flexibility to customize payment terms and conditions to your workout strategy.
This workflow is applicable across multiple practice areas and use cases
Forbearance agreements are critical in bankruptcy proceedings to temporarily halt collection actions and restructure debt obligations while debtors attempt reorganization or workout solutions.
Bankruptcy attorneys frequently negotiate and draft forbearance agreements as part of out-of-court workouts or during Chapter 11 reorganizations to provide breathing room for distressed borrowers.
Commercial litigators use forbearance agreements to resolve loan default disputes and avoid costly litigation by negotiating temporary payment relief and modified terms with lenders.
Forbearance agreements are common settlement tools in commercial loan disputes, allowing parties to avoid protracted litigation while the borrower cures defaults or restructures obligations.
Financial services attorneys advise regulated lenders on forbearance agreements to ensure compliance with banking regulations, consumer protection laws, and regulatory reporting requirements during loan modifications.
Regulated financial institutions must ensure forbearance agreements comply with federal and state lending regulations, making this workflow valuable for in-house counsel and regulatory compliance teams.
Corporate finance attorneys draft forbearance agreements when companies face temporary cash flow issues or covenant violations, allowing time to raise capital or restructure operations without triggering default remedies.
Forbearance agreements are essential tools in corporate finance to manage lender relationships during financial distress and maintain access to credit facilities while addressing temporary business challenges.
A forbearance agreement is a contract where a lender temporarily agrees not to exercise its enforcement rights following a borrower's default, giving the borrower time to cure the default or improve its financial condition. It's commonly used in loan workouts when the borrower faces temporary financial hardship but the lender believes the situation can be resolved without foreclosure or litigation. The agreement typically modifies payment terms temporarily while preserving the lender's fundamental rights and security position.
CaseMark analyzes your uploaded loan documents to extract critical information including outstanding balances, interest rates, collateral descriptions, party identities, and existing default provisions. The platform then generates a forbearance agreement that references your specific loan terms, incorporates the correct parties and amounts, and includes provisions consistent with your original loan documentation. You can further customize the forbearance period duration, modified payment terms, and specific conditions the borrower must satisfy.
The agreement includes comprehensive lender protections including explicit reservation of all rights except those specifically waived, borrower acknowledgment of the debt validity and amount, waiver of defenses and counterclaims, detailed events of default that terminate the forbearance, prohibition on claiming the forbearance as precedent for future accommodations, and release provisions protecting the lender from prior claims. The document also includes strict conditions that must be satisfied to maintain the forbearance and clear consequences if the borrower fails to comply.
Yes, the agreement can be customized to address various payment modification scenarios including complete suspension of payments, reduced payments, interest-only payments, or any other arrangement. It clearly specifies how interest continues to accrue during the forbearance period, whether on the original principal or including deferred amounts, and how accrued interest will be treated. The document also addresses what happens to deferred amounts after the forbearance period ends, whether they're capitalized, re-amortized, or due as a balloon payment.
Most users generate a complete, customized forbearance agreement in 15-20 minutes, compared to the 6-8 hours typically required for manual drafting. The time savings come from automated extraction of loan terms from your documents, pre-built provisions covering all essential protections, and intelligent customization based on your specific transaction details. You simply upload your loan documents, answer targeted questions about the forbearance terms you want, and receive a comprehensive agreement ready for review and execution.
The forbearance agreement includes detailed events of default provisions specifying exactly what constitutes a breach, such as missing a forbearance payment, violating covenants, or experiencing new defaults. Upon default, the agreement clearly states that the lender's forbearance obligation terminates immediately, all amounts become due and payable, and the lender can exercise all remedies available under the original loan documents and applicable law. The agreement specifies whether notice and cure periods apply or whether certain defaults result in automatic termination.