了解调查如何提高房地产成交过程

Underlying Tension in 房地产 Closings between Lenders, Borrowers 和 Title Insurance Carriers

Commercial real estate closings are generally a collaborative process; everyone is working toward a closing with great optimism for the future. 尽管如此, all of the parties involved are also looking at ways to protect their individual interests in the event the borrower’s business plan or something else does not work out as expected.  例如, both lenders 和 borrowers want the title to the property to be as “clean” as possible, 这意味着它有少量地役权或其他产权负担, i.e. 异常, so that it is more marketable in the event of a voluntary sale by the borrower or an involuntary foreclosure sale by the lender. Both parties rely almost entirely on a title insurance policy as protection for this.  But the title insurance carrier does not want to expose itself to any risk by insuring the title to a property which has issues, 相对于贷方和借款人, 它鼓励玩家列出尽可能多的项目作为游戏标题的例外. 进入实际访问财产的测量员, 和 thus can help clarify whether a particular exception listed by the carrier is valid 和 applicable to the property or not.

标题承诺与调查相辅相成

我最近在我常去的市场外找一个测量员, I read an interesting quote on one company’s website to the effect of the surveyor being “the eyes of the title insurance underwriter.”  The survey company continued by observing that while title companies could list easements 和 other encumbrances in the title commitment which lenders 和 their counsel review carefully, 甚至提供作为例外引用的文书的副本, it was extremely rare for a title examiner to visit a site to actually “see” how a listed encumbrance affected the property.  作为商业贷款人和买家的法律顾问, recalling the numerous times I have reviewed the encumbrance creating instrument on one computer monitor while comparing it with the survey on the other monitor, I endorse (pun intended) the above quoted surveyor’s opinion; the ALTA survey is invaluable in order to put eyes on all of the listed easements 和 other encumbrances so as to ascertain whether any of them present a problem for the property’s current or intended use.  还记得, the title commitment does not tell the reader anything about the location of any structures or improvements on the property, so you need to look at it closely in conjunction with a survey to ascertain if an improvement encroaches on an easement or other encumbrance. 例如, the easement instrument may indicate that the easement is twenty feet on center with the adjacent property line, 也就是说标的房产有十英尺的地役权. 这可能根本不是问题, or you may see that part of an improvement may encroach into the area; only a survey can visually show where the two are in relation to one another. 

重要的是要记住，除了公用事业地役权, 产权负担可以包括共用水井等项目, 共享接入点和车道, 墓地(以及进入墓地的途径), 纸的街道, 还有许多其他有问题的项目. Adding to the difficulty is that many of the instruments creating these sorts of encumbrances are quite old 和 often h和written, 这使得它们很难破译.  在这些情况下, the surveyor is like another set of set of eyes in addition to counsel’s; he or she must read 和 decipher the same paper 和 he or she will physically inspect the property to locate for example “the large gum tree at the rear of the property” which is the point of beginning for the encumbrance at issue.  除了目前正在使用的公用事业地役权, 几乎所有其他累赘都可以清空或以某种方式处理, 如果有必要的话, but counsel must know where they are 和 whether the subject property is affected in order to give proper advice to the client.  Knowing what 和 where an encumbrance is located may also affect the timelines that are in the loan documents. No one is breaking ground in thirty days if there is a graveyard in the midst of the new building or addition footprint. 

Very often the surveyor will ascertain that an easement or encumbrance listed by the title company does not affect the subject property.  Sometimes this is because the encumbrance was created decades ago when the current subject property was just a small part of a parent tract.  甚至在仔细阅读了乐器之后, 目前还不清楚它是否会影响当前的包裹. 在这种情况下, 为了保护自己的利益, 所有权保险人将把该物品列为所有权的例外. 实地的测量员, 然而, will locate that “large gum tree” 和 ascertain whether or not it is even located on the subject parcel or rather on a neighbor parcel (which also was part of the parent tract).  在这些情况下, counsel should not be hesitant to request that the exception for it be removed from the title commitment.

建筑和场地规划完善的图片

说到动工, one additional critical item counsel should review as part of this process are any building plans 和 drawings, 或者最好是一个站点规划, for any new construction to be built on the l和 or footprint changing renovation work to the existing improvements.  通过审查场地平面图, I can advise my client whether there is an encumbrance which is fine now because there is no encroachment, 但这将是正确的道路上的开发商想要建立. 还记得, 测量员的工作是记住他或她在土地上所能定位的东西, but it is counsel’s responsibility to put all of the pieces together 和 advise the client whether a problem exists or will exist if construction proceeds.

结论       

尽管在结案过程中存在一些不同的利益, these critical documents ultimately dictate the desired outcome - a title commitment followed by a title policy which fully 和 accurately states 和 insures title to the property which benefits all parties to the transaction.

理查德Biemiller 是皇冠搏彩APP下载 & 皇冠线上买球平台股东专注于债权人权利领域的业务, 银行和金融机构, 商业交易和房地产.