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16 August 2014 | 5 replies
The HOA may have that information, though again, I don't think any renters would appreciate having that information shared without their consent.
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28 August 2014 | 14 replies
@Terri Lewis You are definitely in talk-to-your-attorney territory.I don't know about Indiana, but in Utah, title companies need a release from both parties where RE brokerages can release EM to the buyer without seller consent if the dates and notices on the contract have been met.Look at your contract.
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2 September 2014 | 7 replies
My guess is it is not hardly any.That's the rub in that you probably want to lock the property to an unknown buyer for nothing.If I was the broker I wouldn't look favorably on that either.The wholesalers want no risk in the deal yet lock up a property from other purchasers the seller might find that are better.There are usually 3 options:Unlimited Assignment Permitted - assigns can be done to anyone without seller consent.
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4 September 2014 | 6 replies
Remind them they are obligated to seek your consent for any new tenants on the premises either temporary or permanent.
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23 October 2014 | 22 replies
Nope, if the neighbor helped build it he will likely have knowledge and will probably claim that it was with his consent, and consent may be withdrawn in the future so no adverse stuff here.You could sell subject to the encroachment, but a lender won't lend until the matter is released, he doesn't have to sell, but give an easement to run with title, at least a bit longer than the term of the loan sought.
3 October 2015 | 49 replies
Wayne, a properly executed sub-2 has to ben done with a subordinate security interest in the property allowing the seller to foreclose on the equities as well as the underlying mortgage they financed to the buyer, the seller wraps the underlying mortgage, they are relieved of the obligation by the contract, the loan is not assumed as that requires the lender's consent.
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12 November 2014 | 44 replies
The tenants are getting a bit restless - with numerous visits from inspection, appraisal, survey, plus however many visits from potential buyers prior to all this.What surprises me is the estoppel letter actually sounds like the lender is injecting itself into the lease by adding these terms to the letter the tenants are required to sign.I will not agree to any modifications of the Lease nor make any prepayments of rent without the prior written consent of LENDER.In the event I receive a notice from you stating that all future rents should be paid to you, I will comply with such notice without setoff as to any claims I make then (or in the future) against the Landlord (or any of its successors).I recognize that you are relying on this Certificate in making a loan to my Landlord (or its Successor).I hereby agree that the Lease be subordinated to any Mortgage from Landlord in favor of LENDER and all additional and or future advances, thereunder, and to any and all extensions, renewals and modifications thereof, and said LENDER shall be and is hereby agreed to be made prior, paramount and superior to any of my right, title, or interest as tenant under the Lease and I hereby agree to subordinate any and all of my rights under the Lease to LENDER.Is this usual and customary?
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5 November 2014 | 5 replies
And, if you enter into any financing arrangement like a sub-2 or CFD, you can sell, but you can't have a new buyer just assume an installment contract as the borrower without consent of the seller as these are unilateral contracts, by law, requiring consent.
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22 September 2014 | 5 replies
A tenant who stays on with the landlord's consent after a lease ends becomes a month-to-month tenant, subject to the rental terms that were in the lease.Really, people use the terms interchangeably most of the time.
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11 June 2016 | 12 replies
You will want to have an LLC in place before closing to avoid transfer taxes, and your Lender (or any smart lender) won't allow you to transfer title from you (individually) to an LLC without their consent.