What is Defeasance?

Defeasance refers to the substitution of collateral in a loan agreement. It occurs when cash or bonds equivalent to a borrowers debt is substituted for the collateral and used to service the debt. Defeasance often renders a loan void given that the borrower sets aside sufficient cash to offset the outstanding debt. Defeasance is commonly used in a portfolio of U.S securities.

Example of Defeasance

Commercial real estate is a peculiar area where defeasance is commonly used. Often, real estate loans come with pre-payment penalties. Bondholders strive to avoid prepayment penalties in commercial loans by paying off the debt early enough through defeasance. This provision nullifies the prepayment penalties associated with the loan.

Jason M. Gordon

Member | Co-Founder Law for Georgia, LLC

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