Recourse vs Non-Recourse Loans

 

What are Recourse Loans?

Most loans are recourse loans. Traditional banks, credit unions, and online lenders prefer to mitigate risk by giving themselves the option of going after personal assets in the case of default. This can go over and above the amount of any collateral seized, but in many cases the lender chooses not to go that route. Asset seizures through legal action are expensive. 

Both secured and unsecured loans can be recourse loans. With secured loans, the lender will take the collateral, but in certain cases that collateral won’t cover the outstanding balance owed. The lender can then decide whether they want to pursue further action. The recourse clause protects them. Interest rates on recourse loans are typically lower for the borrower. 

Examples of Recourse Loans

Auto loans are one of the most common examples of recourse loans. In the case of default, the lender will repossess the vehicle and sell it at auction. With depreciation, the sale amount may not be enough to cover the outstanding balance owed. Recourse gives the lender the right to hold you responsible for the difference. How they collect that is at their discretion. 

Mortgages can also be recourse loans, but not in Alaska, Arizona, California, Connecticut, Idaho,Minnesota, North Carolina, North Dakota, Oregon, Texas, Utah, and Washington. Those states forbid recourse home loans, protecting the home buyer. Check your state’s mortgage guidelines for rules on recourse and non-recourse or ask your lender. 

What are Non-Recourse Loans?

Non-recourse loans are uncommon and typically come with high interest rates, since the lender’s risk is higher. Most banks don’t even offer them. If the borrower can get a non-recourse loan, the interest rate will be high. If the loan is used to buy a home or auto, the lender will likely require a higher down payment to agree to non-recourse.