We'll be jumping into how you should be communicating with your borrower when you agree to enter into a forbearance agreement. Consideration is the agreement to give up something in exchange for receiving something.It is an essential element for forming a legally binding contract. Forbearance agreements are an essential part of any loan agreement between borrowers and lenders. A forbearance and waiver agreement is between a lender and borrower where the latter is allowed to postpone payments and the former is released from any claims. Forbearance comes up in many legal contexts. In contract law, forbearance in response to a breach is an option of the injured party. A forbearance agreement is made between a mortgage lender and a borrower that has gone delinquent on the repayment terms. Our Ft. Lauderdale real estate attorney helps residential and commercial property owners negotiate with lenders and avoid foreclosure. Time of the Essence.