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UCC and Mezzanine Financing Insurance: The Must-Know Basics

Under a traditional loan agreement, the borrower will sign a promissory note which is secured by a mortgage.  The mortgage, being in favor of the lender, is a lien and an interest in the real property.  But you already knew that.  This is the United States of America, so of course there are other (more […]

Tenancies: Revealing the Benefits of How You Can Hold Title

How many of you can name the three ways that individuals can hold title in real estate?  To refresh your memory: Tenancy in Common Let’s first start with the default tenancy.  By default I mean that if the deed into the individuals does not specifically state another form of tenancy, ownership will default to a […]

Condominium Construction? Easy, Get A Sufficient Funds Affidavit.

No one likes terminating a notice of commencement.  In the post-housing bubble economy we live in, many underwriters have made it increasingly more difficult to obtain coverage over potential construction liens.  This process typically involves lien waivers, final contractor’s affidavits and even indemnities.  So when I’m told there’s a way around this process…I listen up. […]

Corrective Deed or Affidavit – Do You Know When To Use?

Let’s first start by differentiating between a mistake and a defect. A mistake is listing an incorrect grantee or legal description on the deed.  A defect is an error with the execution of the deed, such as the lack of witnesses, proper execution or notary acknowledgement.  We’re going to touch on some of the curative […]