Non-recourse commercial mortgage programs, ranked

Fannie Mae, Freddie Mac and FHA apartment loans, CMBS, life company and most debt fund loans are non-recourse apart from bad-act carve-outs. Non-recourse available for most loans above $750,0001, per Fannie Mae's term sheet. Banks usually want a full personal guarantee, while a credit union may waive one: A personal guarantee is not required, but a credit union that skips it must document offsetting mitigants2.

Updated . Ranked from index readings through October 30, 2026; re-ranked in your browser when newer readings arrive.

Least personal recourse

How it is ranked: Programs grouped by how much personal liability their standard terms put on the borrower: non-recourse with standard carve-outs first, then partial or burn-off recourse, then programs where it varies by lender, then full recourse. Programs in the same group share a place and are listed by today's indicative rate.

Data: index readings through October 30, 2026; program figures dated January 12, 2017 to November 1, 2026, each listed with its date under Sources. Computed November 1, 2026.

RankProgram Recourse Indicative rate Max LTV or LTC Min DSCR Who has to approve
1= Freddie Mac Optigo conventional loans Non-recourse (standard carve-outs) 5.89 to 6.29%
10Y UST + 95 to 135 bps9
80% max LTV (7-year+), 75% (5 to under 7 years)8 1.25x min DCR8 3: Outside rules and reviewers
1= Fannie Mae DUS multifamily loans Non-recourse (standard carve-outs) 5.99 to 6.59%
10Y UST + 105 to 165 bps9
80% max LTV1 1.25x min DSCR1 3: Outside rules and reviewers
1= Life insurance company loan Non-recourse (standard carve-outs) 6.09 to 7.14%
10Y UST + 115 to 220 bps9
Not published Not published 3: Outside rules and reviewers
1= CMBS conduit loans Non-recourse (standard carve-outs) 6.48 to 7.14%
10Y UST + 154 to 220 bps1111
Not published Not published 3: Outside rules and reviewers
1= Debt fund and mortgage REIT loans Non-recourse (standard carve-outs) 6.98 to 7.33%
30d SOFR + 308 to 343 bps1212
Not published Not published 2: The lender's credit committee
1= Agency supplemental loans (Fannie Mae and Freddie Mac) Non-recourse (standard carve-outs) No verified spread 80% combined LTV at 1.25x (7-year term)13 1.25x minimum combined amortizing DCR (terms of 5 years or more)13 3: Outside rules and reviewers
1= C-PACE financing Non-recourse (standard carve-outs) No verified spread Not published Not published 3: Outside rules and reviewers
1= Credit tenant lease financing Non-recourse (standard carve-outs) No verified spread Not published Not published 3: Outside rules and reviewers
1= Fannie Mae Small Loans Non-recourse (standard carve-outs) No verified spread 80% max LTV15 1.25x min DSCR15 3: Outside rules and reviewers
1= FHA 221(d)(4) construction loans Non-recourse (standard carve-outs) No verified spread 87% of cost16 1.15x DSCR16 4: Federal agency review
1= FHA 223(a)(7) streamlined refinance Non-recourse (standard carve-outs) No verified spread Not published Not published 4: Federal agency review
1= FHA 223(f) multifamily loans Non-recourse (standard carve-outs) No verified spread 87% LTV16 1.15x DSCR16 4: Federal agency review
1= Freddie Mac small balance loans (Conventional Small) Non-recourse (standard carve-outs) No verified spread 80% (7-year+ terms); 75% (5 to under 7 years)5 1.25x minimum amortizing DCR5 3: Outside rules and reviewers
1= HUD 232 healthcare loans Non-recourse (standard carve-outs) No verified spread 80% (85% non-profit)17 1.45x (includes MIP); 1.11x for 223(a)(7) and 232(i)17 4: Federal agency review
1= Mezzanine loans Non-recourse (standard carve-outs) No verified spread Not published Not published With another loan
1= Single-asset single-borrower (SASB) CMBS Non-recourse (standard carve-outs) No verified spread Not published Not published 3: Outside rules and reviewers
17= Commercial bridge loans Varies by lender 6.80 to 7.49%
30d SOFR + 290 to 359 bps1920
Not published Not published 2: The lender's credit committee
17= Credit union commercial real estate loan Varies by lender No verified spread Not published Not published 2: The lender's credit committee
17= Leasehold (ground lease) financing Varies by lender No verified spread Not published Not published With another loan
17= Non-bank DSCR commercial loans (5+ units, mixed-use) Varies by lender No verified spread Not published Not published 2: The lender's credit committee
17= Preferred equity Varies by lender No verified spread Not published Not published With another loan
22= Bank commercial mortgage Full recourse No verified spread Not published Not published 2: The lender's credit committee
22= Commercial construction loan Full recourse No verified spread Not published Not published 3: Outside rules and reviewers
22= Commercial land loan Full recourse No verified spread Not published Not published 3: Outside rules and reviewers
22= Hard money and private commercial loans Full recourse No verified spread Not published Not published 1: The lender alone
22= Owner-occupied commercial mortgage (SBA 504, 7(a), bank) Full recourse No verified spread Not published 1.15x21 3: Outside rules and reviewers
22= Portfolio and blanket loan Full recourse No verified spread Not published Not published 2: The lender's credit committee
27 programs ranked; "=" marks programs tied on the ranking figure, listed by today’s rate. Indicative rates are the index today plus each program's published spread: not quotes.

The short answer by lender type

Lender type Standard recourse What you trade for it
Fannie Mae and Freddie Mac Non-recourse with carve-outs Stabilized occupancy, size floors, yield maintenance or defeasance
FHA (HUD) Non-recourse, with carve-outs for bad acts3 The longest process and a prepayment lockout
CMBS conduit Non-recourse with carve-outs Rigid servicing after closing, lockout and defeasance
Life company Non-recourse with carve-outs Low leverage and a strong property
Debt fund and bridge Usually non-recourse on larger loans Higher rate, exit fees, a business plan the lender believes
Credit union Set by policy; a guarantee is not required by rule Membership, lower loan limits per borrower
Bank Full personal guarantee is the norm Faster, more flexible, relationship pricing
Private lender Full guarantee plus extra collateral is common: first mortgage, often with extra collateral, an ownership pledge or personal guarantees The highest rates

What the carve-outs still put on you

Non-recourse means the lender’s remedy for an ordinary default is the property. It does not mean the guarantor walks away from everything. Read the carve-out guaranty as carefully as the note.

Carve-out Typical consequence How borrowers get caught
Fraud or misrepresentation Liability for losses, sometimes the full loan An inaccurate rent roll or financial statement at closing
Misapplied rents or insurance proceeds Liability for the amount misapplied Paying other expenses from rents after a default notice
Voluntary bankruptcy filing Full recourse Filing to stop a foreclosure
Unapproved transfer or new debt Often full recourse Admitting a partner or adding a second loan without consent
Environmental losses Indemnity that survives repayment Contamination found after closing
Waste and unpaid taxes Liability for the loss Deferring maintenance or taxes in a downturn

Two terms matter most in negotiation. Ask whether a carve-out triggers liability for the loss caused or for the entire loan (springing recourse), and ask for a cure period on the minor ones.

What non-recourse costs you

Non-recourse lenders protect themselves in the terms instead of the guarantee:

  • Size floors. Freddie Mac Conventional Small runs generally $2 million to $10 million. Small loans below agency thresholds usually carry recourse.
  • Income tests. Fannie Mae: Stabilized occupancy, typically 90% for 90 days before funding6. FHA 223(f): Stable occupancy of at least 85%3.
  • Prepayment. Agency fixed-rate loans use yield maintenance or defeasance. Freddie Mac Conventional Small: Yield maintenance until securitization, 2-year lockout, then defeasance; open final 90 days5. CMBS: CMBS loans can defease only after at least 2 years from the securitization closing, not the loan closing7.
  • A single-purpose borrower. The property sits in its own entity with covenants that keep it separate from your other assets.
  • Reserves and cash management. Replacement reserves are standard, and a CMBS loan can sweep cash if coverage falls.

When accepting recourse is the better deal

Situation Why recourse can win
The loan is below agency and CMBS size floors Recourse lenders are the market for small loans
You may sell or refinance within a few years Bank step-downs and open prepayment beat yield maintenance
The property is in transition Bridge and bank lenders lend on the plan; non-recourse permanent lenders want stability
You need to close fast Banks and private lenders decide in house
You want a relationship lender for future deals A bank that knows you will extend or restructure more readily

If you take recourse, negotiate its shape: a guarantee limited to a percentage of the loan, a burn-off once coverage or leverage targets are met, or a guarantee from the entity rather than you personally.

How the ranking groups programs

Every program’s recourse type comes from its own data file, which cites the term sheet or regulation where one exists. “Varies by lender” means the program itself does not fix the answer: credit union policy, debt fund structure and preferred equity terms differ deal to deal. The recourse or non-recourse guide walks through the decision for your own deal.

Questions people ask

Does non-recourse mean I can never be personally liable?

No. Every non-recourse loan names carve-outs that make the guarantor liable for losses, or for the whole loan, if certain things happen: fraud, misapplied rents, voluntary bankruptcy, an unapproved transfer and environmental problems are the usual list. You sign a carve-out guaranty and an environmental indemnity at closing even on a non-recourse loan.

Can I get a non-recourse loan under $1 million?

It is hard. Fannie Mae offers non-recourse terms for most loans above the threshold in its term sheet, and Freddie Mac's Conventional Small runs generally $2 million to $10 million. Below that, credit unions are the most likely to limit or waive the guarantee, and some non-bank investor lenders lend to an LLC with a limited guarantee.

Why does a bank want my guarantee when the property is strong?

Recourse is part of how a bank prices and approves the loan. It keeps the borrower engaged if the property struggles, and regulators look at the support behind a loan when they review it. A strong sponsor can sometimes negotiate a guarantee that burns off once the property meets a coverage or leverage test.

Sources

  1. Fannie Mae Multifamily, Conventional Properties Term Sheet, retrieved November 1, 2026
  2. eCFR, 12 CFR Part 723 (NCUA Member Business Loans; Commercial Lending), as of January 1, 2017
  3. HUD MAP Guide 4430.G (2020 MAP Guide, revision March 2021), as of March 19, 2021
  4. Sachem Capital Corp. Form 10-Q for the quarter ended June 30, 2026 (SEC EDGAR), as of June 30, 2026
  5. Freddie Mac Multifamily, Optigo Conventional Small Term Sheet, as of April 2026
  6. Fannie Mae Multifamily, DUS Mortgage Loans Term Sheet, retrieved November 1, 2026
  7. BANK5 2026-5YR24 prospectus (Form 424B2), SEC EDGAR, as of August 20, 2026
  8. Freddie Mac Multifamily, Optigo Fixed-Rate Loans Term Sheet, as of April 2026
  9. Northmarq, Rates & Spreads (Multifamily Conventional), as of October 22, 2026
  10. Nassau CorAmerica, Commercial Mortgage Loans: An Attractive Investment Strategy (2026 white paper), restating ACLI Commercial Mortgage Commitments, as of January 1, 2026
  11. CRED iQ, CRE Loan Spreads Tighten Across Property Types (Apr 17, 2026), as of March 31, 2026
  12. Blackstone Mortgage Trust 10-Q, Q3 2026, as of September 30, 2026
  13. Freddie Mac Multifamily, Optigo Supplemental Loan Term Sheet, as of November 2025
  14. PACENation, What is PACE Financing?, as of November 1, 2026
  15. Fannie Mae Multifamily, Small Mortgage Loan Program Term Sheet, retrieved November 1, 2026
  16. HUD Mortgagee Letter 2025-03, Multifamily Changes in DSCR and LTV/LTC, as of January 8, 2025
  17. HUD Handbook 4232.1, Section II Production, Chapter 3 Loan Sizing, as of January 12, 2017
  18. HUD Handbook 4232.1, Section II Production, Chapter 2 Program Overview, as of January 12, 2017
  19. KKR Real Estate Finance Trust 10-Q, Q3 2026, as of September 30, 2026
  20. Granite Point Mortgage Trust 10-Q, Q2 2026, as of June 30, 2026
  21. SBA SOP 50 10 8.1, Lender and Development Company Loan Programs (effective Oct 1, 2026), as of October 1, 2026

How we check figures: methodology and editorial policy.

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