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LENDER CONSENTS

Please note: These lender consent instructions are specific to Wachovia Real Estate Services commercial mortgage customers only*.

Lender consent issues are requests that require Lender approval because of legal requirements set forth in the Loan Documents, in particular the Promissory Note, Deed of Trust/Mortgage and/or Loan/Security Agreement.  Examples of these issues include, but are not limited to, the following:

  • Easements/Condemnations
  • Property Management Company Changes
  • Transfers of Interest
  • Release of Liens
  • Leases, Lease Amendments, Lease Terminations
  • Subordination, Non-Disturbance Agreements
  • Modification of Loan Documents
  • Additional Financing
  • Refinancing

Wachovia will require a written request from the Borrower or a representative of the Borrower on company letterhead.  All requests must include a detailed description of the consent issue, including the pertinent parties to the transaction, and copies of all relevant documentation.

The Consents Group is committed to processing all Borrower requests in an efficient and expeditious manner.  All requests are reviewed within a reasonable time period.  For some issues, this timeframe is set forth in the Loan Documents.  Some requests may require the review of outside counsel.  Depending on the terms and conditions of the Pooling and Servicing Agreement, some consent requests may require the approval of the Special Servicer, Rating Agencies, Trustee and/or Controlling Class Representatives.  The Borrower is kept aware of the status of its request throughout the process.

In some instances, there may be a fee for review of the consent request including, but not limited to, consent fees, legal fees and rating agency fees.  Upon receipt of the consent request, the borrower will be notified of the fees involved in the review and approval of the request.

Please send written requests to:

Wachovia Securities
Real Estate Services, Attn: Consents
NC 1075, 9th Floor
201 South College St.
Charlotte, NC 28244-1075

Inquiries regarding the process may be emailed to: commercial.consents@wachovia.com.  Please note, however, that the actual consent request must be submitted in writing as noted above.

* If you need  assistance with a personal home equity line or mortgage, please visit our Lending Center for contact information.

Mezzanine capital, private equity, municipal securities trading and sales, cash management, credit, international, leasing and risk management products and services are offered by various non-broker dealer subsidiaries of Wachovia Corporation.

Debt and equity underwriting, trading, research and sales, loan syndications agent services, and corporate finance and M&A advisory services are offered by WCM.

Wachovia Securities is the trade name for the corporate and investment banking services of Wachovia Corporation and its subsidiaries, including Wachovia Capital Markets, LLC ("WCM"), member FINRA/SIPC.

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