Trigger Event: Any action, occurrence, or change that requires lender consent under the loan documents. Proceeding without consent constitutes a default, regardless of payment status.
You're current on every payment. The property is performing. You decide to bring in a new property manager, refinance a partner's ownership stake, or sign a long-term lease with a major tenant. Congratulations—you may have just defaulted on your loan. Freddie Mac loans come with extensive consent requirements, and violating them has serious consequences.
Why Do Trigger Events Exist?
Freddie Mac underwrote your loan based on specific assumptions:
- Who owns the property: Your experience and financial strength
- How it's managed: Professional management meeting their standards
- Capital structure: No additional leverage increasing default risk
- Property operations: Maintaining income and occupancy levels
Changes to any of these assumptions affect the loan's risk profile. Trigger events ensure the lender can evaluate and approve changes before they occur.
Common Trigger Events
1. Ownership Transfers
The most significant trigger event. Requires consent for:
| Transfer Type | Consent Required? | Process |
|---|---|---|
| Sale of property | Yes—full assumption | Buyer must qualify, 60-90 days, 1% fee |
| Transfer of majority interest (>49%) | Yes—full assumption | Same as property sale |
| Transfer of minority interest (<49%) | Depends on loan docs | May be permitted with notice only |
| Transfer to Key Principal's trust | Usually permitted | Notice required, estate planning exception |
| Change of Key Principal | Yes | New KP must qualify under Guide standards |
2. Subordinate Financing
Adding any debt secured by the property or ownership interests requires consent:
- Second mortgages (generally prohibited)
- Mezzanine loans (prohibited)
- Preferred equity with debt-like features (prohibited)
- Lines of credit secured by ownership interests
Even if the subordinate financing would be permitted under Guide Section 4.6, you must still obtain consent. Proceeding without consent is a default.
3. Property Management Changes
Changing your property manager requires consent:
- New third-party manager: Must be approved by lender
- Self-management transition: Generally requires consent and may not be permitted
- Management fee changes: Material increases may require approval
Freddie Mac has approved property manager lists. Switching to an unapproved manager—even a competent one—requires formal approval.
4. Significant Lease Transactions
Certain lease actions trigger consent requirements:
| Lease Action | Consent Typically Required? |
|---|---|
| Commercial lease >10% of rentable area | Yes |
| Lease term >5 years | Often yes |
| Below-market rent concessions | Depends on materiality |
| Master lease or bulk lease | Yes |
| Lease termination buyout | If material to income |
5. Property Alterations
Material changes to the property may require consent:
- Major renovations: Especially if affecting unit count or building systems
- Change of use: Converting commercial space to residential or vice versa
- Demolition: Removing structures or reducing rentable area
- New construction: Adding units or buildings
Routine maintenance and minor improvements typically don't require consent, but material alterations do.
6. Insurance and Condemnation
- Insurance proceeds: Above certain thresholds, lender controls disbursement
- Condemnation awards: Lender has rights to proceeds
- Changes to insurance coverage: Reducing coverage below required levels
The Consent Process
Step 1: Review Loan Documents
Before any transaction, check your:
- Loan Agreement: Sections on transfers, encumbrances, operations
- Deed of Trust/Mortgage: Due-on-sale and transfer provisions
- Guaranty: Bad boy carveout triggers
These documents control—don't rely on assumptions about what's permitted.
Step 2: Notify the Servicer
Contact your loan servicer (not Freddie Mac directly) to:
- Confirm consent is required
- Request the consent application package
- Understand timeline and fees
- Identify required documentation
Step 3: Submit Complete Application
Consent requests typically require:
- Formal request letter explaining the proposed action
- Supporting documentation (new management agreement, transfer documents, etc.)
- Updated borrower financials (for ownership changes)
- Consent fee payment
Step 4: Review and Approval
The servicer reviews and, for significant events, escalates to Freddie Mac. Timeline:
| Event Type | Typical Timeline |
|---|---|
| Management change | 2-4 weeks |
| Minor lease approval | 2-3 weeks |
| Subordinate financing | 30-45 days |
| Ownership transfer/assumption | 60-90 days |
| Complex structural changes | 90+ days |
Consequences of Not Seeking Consent
Immediate Consequences
- Loan default: Even if current on payments
- Acceleration: Lender can call the full balance due
- Default interest: Typically 5% above note rate
- Late fees and penalties: Compound the problem
Bad Boy Carveout Triggers
Unauthorized transfers can trigger non-recourse carveouts:
- Loan becomes full recourse to guarantor
- Personal liability for entire loan balance
- No longer limited to property value
Discovery Is Inevitable
Even if you "get away with it" initially, unauthorized actions surface during:
- Annual financial reporting: Required operating statements and rent rolls
- Property inspections: Annual servicer inspections
- Refinancing attempts: Title searches reveal unauthorized liens
- Sale process: Buyer's due diligence uncovers issues
- Insurance claims: Named insured discrepancies
Common Trigger Events Borrowers Miss
1. Estate Planning Transfers
Transferring ownership to your family trust or estate planning entity often requires consent. The estate planning exception in most loan documents is narrow—verify before transferring.
2. Partnership Restructuring
Buying out a partner, admitting a new partner, or restructuring the ownership entity can trigger consent requirements—even if you're not changing control.
3. Refinancing Other Properties
If your other properties are cross-collateralized or you've pledged your ownership interests elsewhere, that may violate your Freddie Mac loan's negative pledge provisions.
4. Management Contract Renewals
Renewing a management contract with materially different terms (longer term, higher fees) may require consent even though you're keeping the same manager.
5. Corporate Changes
Merging or converting your borrowing entity (LLC to LP, or vice versa) can trigger consent requirements.
Building a Consent-Aware Culture
Best Practices
- Calendar key dates: Management contract renewals, partnership agreements, lease expirations
- Train your team: Property managers and accountants should understand consent requirements
- Review before acting: Make loan document review part of any transaction checklist
- Maintain servicer relationship: Know your servicer contact for questions
- Document everything: Keep copies of all consent requests and approvals
Insider Terminology
Key Takeaways
- Read your loan documents: Know what requires consent before you act
- Start consent process early: Timelines are longer than borrowers expect
- Unauthorized actions = default: Regardless of payment status
- Bad boy carveouts are real: Unauthorized transfers can trigger personal liability
- Discovery is inevitable: The servicer will find out eventually