Pennsylvania 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 two main types of land leases are subordinated and unsubordinated, although unsubordinated leases are much more common because they provide more rights to the owner of the land.

If there is a clause prohibiting the Lessee to mortgage without seeking permission from the Lessor then the mortgage would be held null and void if its challenged in the court of law hence you will have to provide some other security as a mortgage.

Upon expiry of the 99-year lease, the HDB flat will be returned to the landowner, which is HDB. Then HDB will, in turn, surrender the land to the State.

Therefore, much of the Konohiki land was sold and managed by trusts like the Queen Emma Foundation, Liliuokalani Trust, and Bishop Estates. These trusts would then lease the lands; thus Hawaii had many leasehold properties historically.

Put simply, acquiring a 999 year lease enables a flat owner to have a title that is 'as good as freehold' and therefore more marketable than for example a 85 year lease. The leases will also give the flat owners rights and obligations in respect of each other, which protects each other's interests.

The borrower must have a valid lease agreement in place with the lessor, and it should be in force for a minimum specified period. The period also decides the grant of the loan. Further, to be eligible for the loan the borrower should have exclusive rights to use the property as per the terms of the lease agreement.

The process was tweaked when the lease term was changed to 30 years in 2014. Subsequently , in 2015 it was extended to 99 years. The lease period was increased to check early disposal of land in the realty market.

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Pennsylvania Fee Mortgage Provisions from a Ground Lease