Defeasance Cost Estimator
Defeasance is the process of releasing a commercial property from its mortgage by substituting U.S. Treasury securities as collateral in place of the real estate. This estimator calculates the approximate total cost of defeasing a CMBS or other securitized commercial loan, including the securities purchase, legal fees, servicer fees, and accounting costs. Actual defeasance costs change daily with bond market movements, so treat these numbers as planning estimates and get a formal quote from a defeasance consultant before committing.
What This Estimator Calculates
This is a planning tool, not a quote. Defeasance costs depend on live Treasury bond prices, which move every trading day. The securities cost component is an approximation based on the present value of your remaining loan payments discounted at the current Treasury rate. A qualified defeasance consultant (such as Chatham Financial, AST Defeasance, or Derivative Logic) will provide an exact figure based on actual bond pricing.
The estimator breaks total cost into four components: the cost of purchasing Treasury securities to replace the loan collateral, legal fees for documentation and closing, servicer processing fees, and accounting fees. You can adjust the fee estimates based on quotes you have received.
How Defeasance Works
When a borrower defeases a loan, they are not paying it off. The loan stays in place. Instead, the borrower purchases a portfolio of U.S. Treasury securities structured to generate cash flows that exactly match the loan's remaining payment schedule, month by month, through maturity. A successor borrower (a special purpose entity created specifically for this) assumes the loan with the Treasuries as collateral. The original property is released from the mortgage lien.
This mechanism exists primarily for CMBS loans, where the loan has been packaged into a bond pool. Simple prepayment would disrupt the cash flows promised to bondholders. Defeasance keeps those cash flows intact by swapping the collateral from real estate to government securities, which is why CMBS servicers and rating agencies prefer it.
What Drives Defeasance Cost
The securities purchase is the largest and most variable component. Its cost depends on one key relationship: the loan's note rate versus current Treasury yields.
| Rate Environment | Effect on Securities Cost | Example |
|---|---|---|
| Treasury yields below note rate | Securities cost more than remaining balance | 5.5% note rate, 3.5% Treasury: need more principal to generate same payments at lower yields |
| Treasury yields equal note rate | Securities cost roughly equal to remaining balance | 5.5% note rate, 5.5% Treasury: yields match, so dollar-for-dollar replacement |
| Treasury yields above note rate | Securities cost less than remaining balance | 5.5% note rate, 6.5% Treasury: less principal needed because securities yield more |
The remaining term amplifies this effect. A 200 basis point spread with 60 months remaining costs significantly more than the same spread with 12 months remaining, because you are buying securities to cover many more payments.
Defeasance Cost Breakdown
| Component | Typical Range | Notes |
|---|---|---|
| Replacement Securities | Varies widely | Largest cost; depends on rate environment and remaining term |
| Legal Fees | $25,000 to $75,000 | Borrower's counsel, lender's counsel, opinion letters |
| Servicer Processing Fee | $25,000 to $50,000 | Set by the master servicer or special servicer |
| Accountant/CPA Fees | $5,000 to $15,000 | Tax and accounting opinions for the successor borrower |
| Rating Agency Fee | $0 to $25,000 | Not always required; depends on the CMBS deal structure |
The fixed transaction costs ($60,000 to $150,000 regardless of loan size) are why defeasance is rarely practical for loans under $2 million. Those fixed costs represent a significant percentage of a smaller loan balance.
Defeasance vs. Yield Maintenance
Both are prepayment mechanisms, but they work very differently. The choice is usually dictated by the loan documents, not the borrower.
| Feature | Defeasance | Yield Maintenance |
|---|---|---|
| Mechanism | Replace collateral with Treasury securities | Cash penalty to lender |
| Loan after prepayment | Stays in place (new collateral) | Terminated |
| Fixed transaction costs | $60,000 to $150,000+ | Minimal (just the penalty calculation) |
| Variable cost driver | Bond market prices | Rate spread x time remaining |
| Typical timeline | 30 to 45 days | 2 to 4 weeks |
| Best when | Longer remaining term; high-rate environment | Short remaining term; narrow rate spread |
With fewer than 18 to 24 months remaining on the loan, yield maintenance is almost always cheaper because defeasance has a high fixed-cost floor. With longer remaining terms, the comparison becomes more nuanced and depends on current bond pricing. Smart borrowers get quotes for both.
The Defeasance Process
The process runs 30 to 45 days from start to finish. Here is what happens at each stage:
1. Review loan documents. Confirm defeasance is permitted, the lockout period has passed, and identify notice requirements. Most servicers want 30 days written notice before you begin.
2. Engage a defeasance consultant. This is not optional. The consultant structures the securities portfolio, coordinates with all parties, and manages closing. Firms like Chatham Financial, AST Defeasance, and Derivative Logic specialize in this.
3. Get a preliminary cost estimate. The consultant models the required Treasury portfolio based on current bond pricing. This number changes daily, so expect an updated figure closer to closing.
4. Obtain servicer consent. The master servicer (or special servicer if the loan is in special servicing) must approve the defeasance, review the successor borrower entity, and sign off on the securities portfolio.
5. Purchase the securities. On the closing date, the borrower funds the Treasury purchase. The securities are placed into a custodial account managed by a third-party trustee.
6. Execute the substitution. The successor borrower assumes the loan. The property is released from the mortgage. The Treasuries pay out monthly to the servicer through original maturity.
When to Consider Alternatives
Loan assumption. CMBS loans are generally assumable with servicer approval. If you are selling and the buyer qualifies to assume the debt, you avoid defeasance entirely. Assumption fees are typically 1% of the outstanding balance plus processing costs ($25,000 to $50,000), which is almost always less than defeasance.
Open prepayment window. Most CMBS loans allow prepayment at par (no penalty) during the last three to six months before maturity. If the timing works, this is the cheapest exit. Even if it means holding the property a few extra months, the savings can be substantial.
Yield maintenance. If your loan documents offer yield maintenance as an alternative to defeasance, compare the costs. Use the yield maintenance calculator to estimate that option.
Common Defeasance Scenarios
| Loan Balance | Note Rate | Treasury | Months Left | Approx. Total Cost |
|---|---|---|---|---|
| $10,000,000 | 5.5% | 3.5% | 48 | $850,000 to $1,000,000 |
| $10,000,000 | 5.5% | 5.5% | 48 | $95,000 to $150,000 (fees only) |
| $10,000,000 | 5.5% | 6.5% | 48 | Below remaining balance + fees |
| $5,000,000 | 6.0% | 4.0% | 24 | $280,000 to $350,000 |
| $20,000,000 | 5.0% | 4.0% | 60 | $1,100,000 to $1,350,000 |
Practical Tips for Brokers
If you are helping a client sell or refinance a property with a CMBS loan, defeasance will be part of the deal economics. Start the conversation early.
Get the estimate before the listing. Defeasance cost can make or break a sale. If the premium erodes the profit margin, the client needs to know before they are under contract with a buyer, not after. Run the numbers during the pre-listing analysis alongside the cap rate and NOI calculations.
Factor the timeline into the transaction calendar. A 30 to 45 day defeasance process running in parallel with a loan closing or sale creates coordination challenges. Start the defeasance engagement as soon as the transaction is likely to close.
Defeasance costs are a moving target. A quote from Monday might be meaningfully different by Friday because Treasury prices shift. The consultant will lock pricing on the actual closing date. Budget for a range, not a single number.
For a deeper look at how defeasance fits into CMBS loan structures, see the Broker's Guide to CMBS Lending.
Frequently Asked Questions
What is defeasance in commercial real estate?
Defeasance is a prepayment method where the borrower replaces the property as loan collateral with a portfolio of U.S. Treasury securities. The securities are structured to replicate the exact remaining payment schedule. The loan stays in place, but the property is released from the mortgage. It is the standard prepayment mechanism for most CMBS loans.
How much does defeasance cost?
Total cost includes the securities purchase (the largest and most variable component), legal fees ($25,000 to $75,000), servicer fees ($25,000 to $50,000), and accounting fees ($5,000 to $15,000). The securities cost depends on the relationship between the loan's interest rate and current Treasury yields. When rates are low relative to the note rate, securities cost more. When rates are high, they can cost less than the remaining balance.
How long does defeasance take?
Typically 30 to 45 days from engagement to closing. This includes hiring a consultant, obtaining servicer consent, purchasing securities, legal documentation, and the collateral substitution. Factor this timeline into any sale or refinance transaction.
Is defeasance the same as yield maintenance?
No. Yield maintenance is a cash penalty paid to terminate the loan. Defeasance substitutes the collateral and keeps the loan in place. Defeasance has higher fixed costs but can be cheaper for longer remaining terms in certain rate environments. The loan documents specify which option is available.
Can I avoid defeasance?
Three main alternatives: (1) Wait for the open prepayment window in the final 3 to 6 months of the term. (2) Have the buyer assume the existing loan, which avoids the prepayment mechanism entirely. (3) If yield maintenance is available as an alternative, compare costs. The cheapest option depends on timing and the rate environment.
Is defeasance tax deductible?
Defeasance costs may be deductible as a business expense or amortizable over the remaining loan term. The tax treatment depends on the borrower's specific situation and entity structure. Consult a tax advisor for guidance on deductibility in your circumstances.
Disclaimer: This estimator provides approximate figures for planning purposes only and does not constitute financial, legal, or investment advice. Actual defeasance costs depend on live Treasury bond prices at the time of closing, specific loan agreement terms, and servicer requirements. Contact a qualified defeasance consultant (such as Chatham Financial, AST Defeasance, or Derivative Logic) for an accurate quote. Janover Pro and JPro Labs LLC make no guarantees about the accuracy of these estimates.
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