Indiana Fee Mortgage Provisions from a Ground Lease

State:
Multi-State
Control #:
US-OL20071
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the lessor represents to the lessee that the existing fee mortgage is the only mortgage encumbering the land and the demised premises. The lessor agrees to cause the holder of the existing fee mortgage to agree to certain provisions.

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FAQ

The ground lease defines who owns the land and who owns the building and improvements on the property. Many landlords use ground leases as a way to retain ownership of their property for planning reasons, to avoid any capital gains, and to generate income and revenue.

With a leased-land property, you risk losing all of your equity at lease expiration, depending on the terms of the surrender clause. The resale of the home is likely to be more difficult than the resale of a traditional home, especially because with each passing year, the remaining term on the lease shortens.

What does all this mean to your hypothetical tenant who agreed that the ground lease is subordinate to the fee mortgage? It means that in order to exercise the option to purchase and take title to the property free and clear of the fee mortgage, the tenant must pay off, in full, the fee mortgage.

The biggest advantage for property investors using a ground lease is that they don't have to buy the land to operate their business and make a profit.

Ground Lease Disadvantages And under the conditions of a subordinated ground lease, if the developer/tenant defaults on a construction loan, the lender is well within its rights to seize all property?including your land?and initiate foreclosure proceedings.

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Indiana Fee Mortgage Provisions from a Ground Lease