New York Fee Mortgage Provisions from a Ground Lease

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Multi-State
Control #:
US-OL20071
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PDF
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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

For example, if a business owner leases a commercial property for 10 years and wants to secure a loan using the leasehold interest as collateral, they would take out a leasehold mortgage. The value of the leasehold interest is determined by the terms of the lease, including the length of the lease and the rent paid.

Whether or not you can get a mortgage when you are buying a leasehold property depends on how long ? or short ? the lease is. The shorter the lease, the more difficult it is to get a mortgage. Most mortgage lenders won't lend on properties with a lease under 70 years.

A loan secured by a mortgage lien placed on the tenant's leasehold interest. The leasehold mortgage is typically recorded in the county recorder's office in the county where the leased premises are located.

Five years ago, long-term ground leases under great real estate in New York City were trading between 2% and 3% percent cap rates. Today, ground leases are going for close to a 6% cap rate, noted Renshaw.

A leasehold mortgage is an option to a freehold mortgage. The leasehold is a long-term estate for years pledged to the lender instead of the property. This is often used when the property is vacant land that must be developed.

The lessee contracts with the lessor for the right to use the property in exchange for a series of scheduled payments over the term of the lease. Renting space in an office building for a company's use or renting a building to be used for a retail store are two examples of a commercial leasehold arrangement.

On the other hand, ground lease payments reduce the cash flow to the property owner and thus should be taken into consideration when estimating a cap rate-based valuation for disposition. This would mean that ground lease payments might have to be considered a part of operating expenses.

If you own your home, you might pay yearly ground rent to the landowner. Ground rent is an amount for the land your home is built on. The landowner is also known as the freeholder or rent owner. You can apply to Land Registry to buy out the ground rent.

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New York Fee Mortgage Provisions from a Ground Lease