This document discusses various types of commercial real estate loans, including construction loans, land development loans, and loans for income-generating commercial properties. It provides details on:
- The loan application process and documentation requirements, including operating statements, balance sheets, tax returns, and property evaluations.
- How construction loans are disbursed based on completion of stages of construction and ensuring costs are paid.
- Additional risks associated with lending for land purchases, development projects, and speculative residential construction versus contracted builds.
- The role of takeout commitments in protecting construction lenders for residential property loans.
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Apartment buildings and other residential and multi-family housing can provide a stable income to an investor. This Financial Poise webinar discusses some of the pros and cons of being a landlord. It provides a basic overview about how to find and assess opportunities, obtain financing, negotiate a deal, and manage a multi-family investment. The accounting, tax, and legal aspects of being a landlord are part of the discussion.
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Before taking the plunge into commercial real estate investing, one should have a clear understanding of how to select the right location, preferred type and class of property, what due diligence to do, how to secure financing, how to negotiate a deal, and how to manage the property going forward as a commercial landlord. This Financial Poise panel explains the process from looking for the investment, to contract, to closing, and beyond.
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Before taking the plunge into commercial real estate investing, one should have a clear understanding of how to select the right location, preferred type and class of property, what due diligence to do, how to secure financing, how to negotiate a deal, and how to manage the property going forward as a commercial landlord. This Financial Poise panel explains the process from looking for the investment, to contract, to closing, and beyond.
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Investing in Commercial Property (Series: Real Estate Investing 101 - 2020) Financial Poise
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Topics included:
• What are some considerations business owners should explore before leasing, buying or building a new location?
• How long does a typical transaction take?
• How should commercial real estate be thought of as part of my company’s strategy?
• Who can help guide me through a commercial real estate transaction?
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LCAR Unit 19 - Financing the Real Estate Transaction - 14th Edition RevisedTom Blefko
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2) Government regulations like the Truth in Lending Act require disclosing loan costs and annual percentage rates. The Equal Credit Opportunity Act prohibits credit discrimination.
3) Common loan programs include conventional loans, which usually require 20% down, and FHA loans, which insure lenders against loss up to 96.5% loan-to-value. Private mortgage insurance may be required on conventional loans over 80% loan-to-value.
LCAR Unit 19 - Financing the Real Estate Transaction - 14th Edition Revised.pdfTom Blefko
This document discusses various topics related to financing real estate transactions, including:
1) Obtaining credit from lenders involves evaluating risk and yield based on factors like loan term, type, amount, and market rates. Credit scores also impact approval and rates.
2) Government regulations like the Truth in Lending Act require disclosing loan costs and annual percentage rates. The Equal Credit Opportunity Act prohibits credit discrimination.
3) Common loan programs include conventional loans, which usually require 20% down, and FHA loans, which insure lenders against loss up to 96.5% loan-to-value. Private mortgage insurance may be required on conventional loans over 80% loan-to-value.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantFinancial Poise
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How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt the most by hidden costs or unforeseen expenses? Why is “leverage” the most important concept to consider in this process? This webinar will help one understand how the tenant, generally the underdog in lease transactions, can turn the tables and become the most powerful player in the leasing game.
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See more at https://www.financialpoise.com/webinars/
This document provides an overview of financing activities, including equity financing, debt financing, and off-balance sheet financing arrangements. It discusses the key components of shareholders' equity, types of dividends, debt financing instruments, accounting for long-term debt and troubled debt. It also covers hybrid securities, leases, contingencies, commitments, and various off-balance sheet financing techniques such as sales of receivables and use of special purpose entities.
Original air date: Nov. 9, 2017
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LCAR Unit 19 - Financing the Real Estate Transaction - 14th Edition RevisedTom Blefko
The document discusses various topics related to financing real estate transactions, including:
1) Obtaining credit involves lenders evaluating the yield (return) and risk of a loan. Interest rates depend on factors like loan term, type, amount, and market rates. Credit scores range from 400-900 and affect loan approval and rates.
2) Underwriting a loan involves analyzing the borrower's income, assets, debts, loan-to-value ratio, and other criteria to determine risk level. Lenders use automated systems to help with underwriting.
3) Loan programs discussed include conventional loans, which usually require 20% down, and FHA loans, which insure lenders against loss and allow loans
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The document provides information on various financial services like factoring, leasing, merchant banking, and mutual funds. It defines factoring as the selling of invoices or receivables to a third party for cash, explains the key steps in factoring, and discusses the types and costs/benefits. It defines leasing and distinguishes operating vs financial leases. It defines merchant banking as providing various financial services and outlines their roles. It defines mutual funds as a pool of money from investors that is invested in securities according to the fund's objectives.
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The document discusses equipment leasing, including:
1) Equipment leasing provides companies use of fixed assets through contractual rental payments that are tax deductible. The lessee uses the asset while the lessor owns it.
2) When evaluating a lease, companies compare the cost of leasing an asset to the cost of financing its purchase. If leasing costs less, the asset is leased; if financing costs less, the asset is purchased.
3) Lease accounting records leasing transactions on companies' financial statements according to whether the company is lessor or lessee. This provides transparency into leasing's impact on company value and finances.
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This document contains a PowerPoint presentation by Aditya Anil Zagade, a student in the TYBcom class at section B with roll number 198. The presentation covers accounting standards AS-3 on cash flow statements, AS-12 on accounting for government grants, and AS-19 on leases. It defines accounting standards and explains their purpose to bring transparency and consistency to financial reporting. It provides details on the key aspects covered by each standard, such as the classification of cash flows, treatment of government grants, and the distinction between financial and operating leases.
This document provides a 10 step process for analyzing problem loans and minimizing losses. The steps include reviewing documentation, performing lien searches, collateral valuation, financial analysis, identifying all related debt, evaluating management and business operations, environmental issues, viability assessment, and developing an action plan. The goal is to gather all relevant information to understand the problem fully and develop a solution that protects the bank's interests while helping the borrower return to financial health.
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welcome to knox groups real estate company in Bangalore. best farm land for sale near Bangalore and madhugiri . Managed farmland near Kanakapura and Chickkabalapur get know more details about the projects .Knox groups is a leading real estate company dedicated to helping individuals and businesses navigate the dynamic real estate market. With our extensive knowledge, experience, and commitment to excellence, we deliver exceptional results for our clients. Discover the perfect foundation for your agricultural aspirations with KNOX Groups' prime farm lands. These aren't just plots; they're the fertile grounds where vibrant crops flourish, livestock thrives, and unique agricultural ventures come to life. At KNOX, we go beyond selling land we curate sustainable ecosystems, ensuring that your journey toward agricultural success is seamless and prosperous.
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
This document summarizes a guest lecture on valuation methodology in appraisal practice given at USC Marshall School of Business. It discusses the three main approaches used in appraisals: 1) cost approach, which values property based on construction costs, 2) sales comparison approach, which compares the subject property to similar properties that have recently sold, and 3) income approach, specifically discounted cash flow analysis, which values a property based on its income-generating potential. It also covers who typically hires appraisers and for what purposes, such as lenders for loan underwriting or companies for purchase accounting. Real property interests like fee simple ownership, leased fees, and leaseholds are also defined and the appropriate valuation methods discussed.
Real Estate Considerations for Business OwnersMaury Bronstein
Presented to alumni of the Rice MBA and Stanford MBA business programs in November 2016.
Topics included:
• What are some considerations business owners should explore before leasing, buying or building a new location?
• How long does a typical transaction take?
• How should commercial real estate be thought of as part of my company’s strategy?
• Who can help guide me through a commercial real estate transaction?
This document provides information for dentists on financing dental transitions and maintaining a good relationship with lenders. It discusses preparing for a practice acquisition loan by assessing personal credit and assembling required documents. It outlines different types of lenders and questions to ask them. It also covers analyzing a dental practice's cash flow, typical loan terms and conditions, and the commitment letter process. Maintaining timely payments and open communication are emphasized as important for keeping a positive relationship with lenders over the long term.
LCAR Unit 19 - Financing the Real Estate Transaction - 14th Edition RevisedTom Blefko
This document discusses various topics related to financing real estate transactions, including:
1) Obtaining credit from lenders involves evaluating risk and yield based on factors like loan term, type, amount, and market rates. Credit scores also impact approval and rates.
2) Government regulations like the Truth in Lending Act require disclosing loan costs and annual percentage rates. The Equal Credit Opportunity Act prohibits credit discrimination.
3) Common loan programs include conventional loans, which usually require 20% down, and FHA loans, which insure lenders against loss up to 96.5% loan-to-value. Private mortgage insurance may be required on conventional loans over 80% loan-to-value.
LCAR Unit 19 - Financing the Real Estate Transaction - 14th Edition Revised.pdfTom Blefko
This document discusses various topics related to financing real estate transactions, including:
1) Obtaining credit from lenders involves evaluating risk and yield based on factors like loan term, type, amount, and market rates. Credit scores also impact approval and rates.
2) Government regulations like the Truth in Lending Act require disclosing loan costs and annual percentage rates. The Equal Credit Opportunity Act prohibits credit discrimination.
3) Common loan programs include conventional loans, which usually require 20% down, and FHA loans, which insure lenders against loss up to 96.5% loan-to-value. Private mortgage insurance may be required on conventional loans over 80% loan-to-value.
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantFinancial Poise
A commercial tenant views a lease negotiation quite differently than does the landlord. As most leases tend to be drafted by the landlord, a tenant must begin an uphill battle to gain as many concessions as possible. This is an arduous task made easier by a full understanding of what are the most important issues for a tenant in a commercial lease transaction.
How does the financial profile of the tenant enter into the picture? Where can a tenant get hurt the most by hidden costs or unforeseen expenses? Why is “leverage” the most important concept to consider in this process? This webinar will help one understand how the tenant, generally the underdog in lease transactions, can turn the tables and become the most powerful player in the leasing game.
Part of the webinar series: REAL ESTATE LAW DUMBED DOWN 2022
See more at https://www.financialpoise.com/webinars/
This document provides an overview of financing activities, including equity financing, debt financing, and off-balance sheet financing arrangements. It discusses the key components of shareholders' equity, types of dividends, debt financing instruments, accounting for long-term debt and troubled debt. It also covers hybrid securities, leases, contingencies, commitments, and various off-balance sheet financing techniques such as sales of receivables and use of special purpose entities.
Original air date: Nov. 9, 2017
Rebroadcast and recording available at http://www.mhmcpa.com
Construction companies have unique tax planning considerations and opportunities to lower their tax liability.
In our webinar, we will be discussing some of the strategies available for 2017, including capitalization versus expensing of repairs to large equipment, as well as tax planning tips and tricks, and ways to minimize the impact of the alternative minimum tax.
Construction Seminar Tax and Audit TipsBobby Bragg
This document summarizes a presentation on tax tips and traps for construction contractors. It discusses construction accounting methods, maximizing depreciation deductions, the domestic production activities deduction, and entertainment/per diem deductions and recordkeeping. It provides tips on using these tax strategies effectively and warns of potential limitations and pitfalls to watch out for. The presentation was given by Kim Smith and other tax professionals at Jackson Thornton & Marcus LLC, an accounting firm providing tax and consulting services to construction contractors.
LCAR Unit 19 - Financing the Real Estate Transaction - 14th Edition RevisedTom Blefko
The document discusses various topics related to financing real estate transactions, including:
1) Obtaining credit involves lenders evaluating the yield (return) and risk of a loan. Interest rates depend on factors like loan term, type, amount, and market rates. Credit scores range from 400-900 and affect loan approval and rates.
2) Underwriting a loan involves analyzing the borrower's income, assets, debts, loan-to-value ratio, and other criteria to determine risk level. Lenders use automated systems to help with underwriting.
3) Loan programs discussed include conventional loans, which usually require 20% down, and FHA loans, which insure lenders against loss and allow loans
11 formalities for setting up a small business enterpriseabcde123321
formalities for setting up a small business enterprise - series of health economics and entrepreneurship for pharmacy students part 11 Pharm Paul Malaba
The document discusses lending policies and procedures for managing credit risk. It covers types of loans banks make, factors affecting loan mixes, lending regulations, creating loan policies, the lending process, loan review, and loan workouts. Key points addressed include regulatory requirements for lending, establishing written loan policies, evaluating loans, monitoring loans, and dealing with problem loans. The goal is to understand how to evaluate borrowers, structure loans, and manage credit risk to make profitable loans while meeting regulatory standards.
The document provides information on various financial services like factoring, leasing, merchant banking, and mutual funds. It defines factoring as the selling of invoices or receivables to a third party for cash, explains the key steps in factoring, and discusses the types and costs/benefits. It defines leasing and distinguishes operating vs financial leases. It defines merchant banking as providing various financial services and outlines their roles. It defines mutual funds as a pool of money from investors that is invested in securities according to the fund's objectives.
The document summarizes issues facing home buyers in Noida, India. It reports that real estate developers are offering refund rates lower than promised for delayed projects and there are no deadlines for returning money to buyers. It provides advice to buyers such as checking the builder's record before booking, avoiding full cash payments, and specifying refund terms in sale agreements. It also notes legal options buyers have if developers do not comply with agreements or delays persist.
The document discusses equipment leasing, including:
1) Equipment leasing provides companies use of fixed assets through contractual rental payments that are tax deductible. The lessee uses the asset while the lessor owns it.
2) When evaluating a lease, companies compare the cost of leasing an asset to the cost of financing its purchase. If leasing costs less, the asset is leased; if financing costs less, the asset is purchased.
3) Lease accounting records leasing transactions on companies' financial statements according to whether the company is lessor or lessee. This provides transparency into leasing's impact on company value and finances.
The document summarizes key topics from a presentation on regulatory compliance given by PolicyWorks LLC. It discusses the impact of the Dodd-Frank Act, the Consumer Financial Protection Bureau (CFPB) and its director Richard Cordray, CFPB priorities including complaints, student loans, credit cards, mortgages, and overdraft fees. It also covers the CFPB's work on ability-to-repay rules, mortgage disclosures, and fair lending laws.
This document contains a PowerPoint presentation by Aditya Anil Zagade, a student in the TYBcom class at section B with roll number 198. The presentation covers accounting standards AS-3 on cash flow statements, AS-12 on accounting for government grants, and AS-19 on leases. It defines accounting standards and explains their purpose to bring transparency and consistency to financial reporting. It provides details on the key aspects covered by each standard, such as the classification of cash flows, treatment of government grants, and the distinction between financial and operating leases.
This document provides a 10 step process for analyzing problem loans and minimizing losses. The steps include reviewing documentation, performing lien searches, collateral valuation, financial analysis, identifying all related debt, evaluating management and business operations, environmental issues, viability assessment, and developing an action plan. The goal is to gather all relevant information to understand the problem fully and develop a solution that protects the bank's interests while helping the borrower return to financial health.
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Explore-Investment-Terms-8839789.ppsx
1.
2. 2
Commercial Loans:
Construction and Land
Loans
Boris Gantsevich is well-known and
accomplished real estate agent. He is the
internet and social media savy and stays
abreast of market trends. He is innovative,
knowledgeable, and tenacious real estate
agent.
3. 3
LEARNING OBJECTIVES
At the conclusion of this chapter, students will be able to:
• Understand key aspects of commercial real estate finance analysis.
• Describe the commercial real estate loan application process and
documentation requirements.
• Understand how the property evaluation process relies on more than the
appraised value of the property and how the type of commercial loan will
affect the approach to valuation and maximum loan considerations.
• Explain the draw or disbursement process for commercial construction
real estate loans.
• Describe the approach used for considering construction loans for
residential properties versus other types of commercial real estate loans.
4. 4
Introduction
• A residential loan is repaid from the personal income of the borrower.
• A commercial loan is repaid from the income generated by the property.
• Commercial loan focuses first on the property, then on the applicant.
• Many risks of investing in commercial real estate must be addressed:
Business risk: Due to fluctuations in economic activity.
Financial risk: The use leverage can magnify business risk.
Liquidity risk: Inability to sell rapidly and risk of inadequate cash flow.
Management risk: Poor management can cause a variety of problems.
Risk management: Measuring, monitoring, and controlling, risks such as
flood, fire, theft, security, and others.
5. 5
Information Sources
• Underwriting a commercial loan involves an analysis of the business
operation and property expected to produce sufficient income.
• Lender examines the financial statements, income-producing capability
of the property, and the local market for that property’s product/service.
• May also include extensive interviews with the principals.
• A thorough inspection of the property itself.
• Review of rent rolls, lease agreements, and credit quality of the tenants.
6. 6
The Loan Application
• A commercial loan application is not a standardized form.
• It is designed by lenders to suit their own specific requirements.
• Often has sections that focus on different classes of properties.
• Lender often charges a fee to pay for the appraisal, environmental
report, engineering report, and the title commitment.
• It also discourages frivolous applications.
• Some mortgage brokers charge an application fee due to the time and
effort the broker must invest to see if the loan is marketable.
7. 7
Information Required for a Commercial Loan Application
Operating Statements of Property
If the property has been operating, statements for the past two or three
years are required. These include annual balance sheets, profit and loss
statements and an operating statement.
8. 8
Information Required for a Commercial Loan Application
Balance Sheet
• A listing of assets on the left and liabilities on the right of the page.
• The difference between the two is the net worth of the company.
• Liabilities plus net worth on one side of the sheet should equal the
assets listed on the other side – thus, a “balance” sheet.
• Of most concern to an analyst is the valuation of assets.
• This is particularly important when major assets consist of real estate.
• A distortion in value can easily present an erroneous picture.
• A careful underwriter will need to know how the values are derived.
9. 9
Information Required for a Commercial Loan Application
Profit and Loss Statement
• A statement of income and expense that has nothing to do with assets
and liabilities.
• A set of audited financial statements prepared by a CPA.
• Revenues minus expenses shows a profit or loss for that time period.
• The figures may be reduced to three lines: one for gross revenues, one
for total expenses, and the third representing the profit (or loss).
• Operating expenses are costs necessary for the day-to-day operation of
the business, but not debt service, depreciation, or income taxes.
10. 10
Information Required for a Commercial Loan Application
Operating Statement
• An operating statement contains the kind of information most
commonly found in real estate transactions.
• It gives some detail on the income that can be made (the potential
gross income), reduced by vacancy and credit losses.
• Operating expenses are then listed as a deduction from income.
• The expenses are given in considerable detail and include property
taxes and insurance premiums.
• A helpful addition on an operating statement is a percentage column
giving the ratio of an expense to the property’s gross operating income.
• Key expenses should be shown as a ratio for two reasons:
(1) for comparison between potential acquisitions.
(2) to find expense items that appear inordinately high.
11. 11
Information Required for a Commercial Loan Application
Pro Forma Cash Flow Statements
• A projection of income and expenses, not a record of the past.
• Most frequently used as an analysis for new developments.
• Often found in a prospectus for an offering of a real estate security.
• A pro forma statement should be very clearly labeled.
Business Financial Statements
• Two or three years’ worth of signed and dated statements.
• Audited statements are usually preferred.
Financial Statements
• For at least the past year.
Business and Personal Income Tax Returns
• Two or three years for both a business and the principals involved.
12. 12
Information Required for a Commercial Loan Application
Current Rent Roll
A list of:
• space available
• current tenants
• vacancies
• current rent
• escalation clauses
• maturity of rent contracts
• options for renewal
• type of rent
• rent concessions
• square footage under lease
• copies of all leases
• creditworthiness of tenants
• an assignment of leases
13. 13
Information Required for a Commercial Loan Application
Accounts Receivable and Accounts Payable Aging Reports
• To help analyze the overall financial health of the business.
Purchase Contract or Warranty Deed
• If the property is to be purchased, a copy of the contract and addenda.
• If the property is already owned, a copy of the recorded warranty deed.
Insurance
• Lenders require hazard and general liability insurance.
• Possibly other types of insurance such as flood insurance.
Current Real Estate Appraisal
• Lenders usually have their own list of acceptable appraisers.
• A narrative-type appraisal is normally required.
Survey
• A current survey of the land made by a registered surveyor.
14. 14
Information Required for a Commercial Loan Application
Property Tax Bill
• To verify the legal description, the owners, and the tax assessments.
Resumes of Principals
• A resume of all principals’ work history and on the business as well.
Articles of Incorporation
• The articles of incorporation and a corporate borrowing resolution.
Authorization to Release Information
• On all principals and the business.
Environmental Audit
• An environmental assessment by a professional acceptable to lender.
Permits Obtained or Zoning Requirements Met
• Confirmation of compliance and permits needed zoning variances.
15. 15
Preparation of Financial Statements
• Most important is the caliber of the person preparing the statement.
• The highest designation in this field is a Certified Public Accountant.
• In practice, only a CPA may prepare an audited statement.
• Information is prepared in accordance with accepted accounting
practices and the numbers have been verified by the preparer.
• The preparer then certifies that the statement accurately represents the
financial condition of the subject.
16. 16
Property Evaluation – Appraisal
• There are no standardized forms and few regulations that apply to how
an appraisal must be prepared for a commercial loan.
• The most common practice is for a lender to require a narrative-type
appraisal prepared by a recognized professional.
• If the loan is destined for handling by any federally related lender, a
state-certified or HUD/ FHA-approved appraiser must be used.
• An appraisal is used to confirm an applicant’s opinion of value, it
provides a professional opinion of what the property actually
comprises in land and buildings, and it gives regulated lenders an
acceptable basis for meeting maximum limits on loan-to-value ratios.
• An appraisal is an estimate of value at approximately the time of loan
origination, and not an assurance that value will remain unchanged.
17. 17
Property Evaluation – Feasibility Study
• A feasibility study places much greater emphasis on a market study of
the products and services offered by the subject property.
• Usually prepared by professionals such as appraisers, property
managers, real estate brokers, and market analysts.
• Attempts to determine if a proposed investment will be successful.
• It estimates the cost of the project, whether new construction or rehab.
• Potential income is measured with an analysis of competing properties.
• A study of occupancy, amenities, and rates offered by the competition.
• Includes a pro forma statement of the expected income and expenses.
• Also considers problems associated with environmental issues.
18. 18
Land Purchase Loans
• Land acquisition loans are the most difficult mortgage loans to obtain.
• Undeveloped land offers no income to be used to repay the loan.
• Additional cash is needed each year to pay property taxes, insurance,
and various “standby” charges.
• Not many lenders will even entertain an application for a land loan.
• Lenders are likely to restrict approval to those with
(1) a good track record of repayment of other land purchase loans.
(2) substantial other assets available.
(3) A written assurance of a future resale of the land.
• LTV limits were placed on regulated lenders at 65% for raw land loans.
• Lenders can, and do, apply even lower limits as prudent policy.
19. 19
Land Purchase Loans
• Any loan that is repaid through sale of its collateral carries higher risk.
• A future sale is not always an assured condition.
• A future sale might be known, yet final disposition is not immediate.
• The development requires time to plan & secure permanent financing.
• Lender has the potential to make the construction and permanent loan.
• Sometimes a broker will locate land suitable for a particular purchaser.
• But the buyer may not be able to consummate the land purchase.
• A binding letter of intent by a creditworthy buyer facilitates a land loan.
• This presents the lender with a reasonably sure sale for the land within
a specified time period, with the land itself as collateral.
20. 20
Land Development Loans
• For building streets and utilities for lots resold as home sites.
• The loan is classified as “residential,” which for regulatory and tax
purposes may receive more favorable treatment for the lender.
• A development loan is limited for regulated lenders to 75% LTV.
• The value used for this measure is the value of the finished lots.
• This may generate a distortion in values due to the fact that the very
development being financed greatly enhances the value of raw land.
• A 75% loan could permit the developer to borrow an amount in excess
of the actual costs.
• The amount of a loan that exceeds a borrower’s actual costs is called
walking money.
• Prudent lenders are reluctant to permit this.
21. 21
Release Clause
• States when, how, & at what price lots are released from the mortgage.
• Assures the most efficient utilization of the entire tract that is pledged.
• Specifies the amount of money that must be paid to release that lot.
• The release is a specific release of the lien on the lot being sold and is
intended to permit delivery of a clear title to the lot purchaser.
• The amount of money required to release a lot may be a percentage of
the sales price of the lot, such as 75%, stating a minimum sales price.
• Any increase in sales price over the minimum would increase the
payment to the lender and amortize the loan more rapidly.
• Another method is to set a flat sum on each lot for release.
• The flat sum per lot is usually calculated to repay the loan
when between 60 and 75% of the lots have been sold.
22. 22
Office of Interstate Land Sales
• Charged with the responsibility of establishing procedures for land
developers to minimize deceptive practices and outright frauds.
• The rules require a full disclosure of the essential facts for the land
buyer and serve as a protection for both buyer and seller.
• As one explanation goes, a developer can sell a lot that is completely
under water but must state in writing that it is under water.
• The rules apply to any development with over 25 lots for sale.
23. 23
Construction Loans
• The construction industry is a major employer in this country and it
depends heavily on the availability of lendable funds.
• The type discussed is a loan needed to construct a house, an office
building, or a shopping center.
• All are secured by a mortgage on the land and the building to be
constructed.
• All are funded only after each stage of construction has been
completed.
• All require a permanent loan commitment or takeout to assure
repayment of the loan immediately upon completion of the project.
• The risk lies in whether or not the building can be completed with the
available money and whether it meets all required specifications.
24. 24
Disbursement During Construction
• A construction loan is not funded when the borrower signs the note.
• All the borrower has is a commitment that funds will be released as
construction progresses.
• There are two basic ways that progress payments are released:
(1) on a time-interval basis.
(2) on a by-work completed basis.
• With the time-interval method, the building progress is inspected at
specified intervals and lender then releases that portion of the loan.
• With the by-work-completed plan, the lender and borrower agree on
about five stages that, when reached, will release that amount of loan.
25. 25
Assurance of Payment of Costs
• The lender has a stake in making sure that all labor and materials are
paid as the money is released.
• Every so often a builder may mix the records and use the proceeds
from one loan to pay charges accruing from another project.
• The result can be labor liens and suppliers’ liens filed on the property
for loan funds that have already been released to cover those claims.
• Lenders can minimize improper disbursement in several ways.
• One is for the lender to handle the payments to contractors and subs.
• Another is to require proof of payment for costs incurred by the
borrower before any funds are released from the loan.
• Another is to require a waiver-of-lien form signed by each contractor
involved with every progress payment.
26. 26
Completion in Accordance with Plans
• Failure to meet the plans can be a cause for refusal by the permanent
lender to release the loan for payoff of the construction loan.
• The problems are mostly technical, such as the size of pipes and
wiring, the grade and thickness of concrete, the amount of reinforcing
used, and the compaction of foundation and parking areas.
• On small projects the lender may rely on its regular staff for inspection.
• On large projects, it is more common to employ an independent firm or
professional to serve as the inspector.
27. 27
Delivering a Valid First Mortgage
• The goal of a successful construction loan is to complete the project
within the money allocated, with all bills paid and no liens filed.
• The construction loan can then be repaid through funding of a
permanent loan or the sale of the property.
28. 28
Additional Comments
• It is customary in a construction loan for the lender to withhold 10%
from each progress payment until final completion.
• The purpose is to provide a reserve against unexpected claims.
• The same procedure is used if the borrower decides to make some
changes in the plans after the loan has been committed.
• Personal endorsement by the borrower is almost always required.
• The principal sources for construction money are commercial banks
with specialized construction loan departments, savings associations,
mortgage companies or commercial mortgage brokers.
29. 29
Construction Loans for Residential Properties
Contract Basis
• A house built for an owner under contract represents a reduced risk to
the construction lender.
• The normal sales contract to the home buyer is a firm commitment by
the purchaser and includes a permanent loan commitment for closing.
• Often the permanent commitment is made to a home buyer by the same
lender handling the construction financing as a sort of package deal.
• On such a loan the risk to the construction lender is primarily in the
builder’s ability to complete the house within contract terms.
• The builder’s track record must be known to the lender.
30. 30
Construction Loans for Residential Properties
Speculative Basis
• Many builders build houses with the expectation of selling them by the
time they are completed.
• The risk of being able to complete the house within the projected cost
figure is added to the risk of selling the house at a profit on completion.
• A lender must look at the strength and capability of a speculative
builder before accepting such a loan.
• As a builder proves satisfactory ability to the lender, the construction
line of credit can be expanded.
31. 31
Takeout Commitment
• A promise to the home builder by a lender to make a permanent home
loan directly to the builder in the event that the subject house is not
sold within a certain time limit, commonly one year.
• The commitment is usually in the form of a simple letter agreement and
costs the builder at least one point.
• The amount of the commitment is often 80% of the value of the house.
• However, the commitment is not really expected to be used.
• It serves as an insurance policy to protect the construction lender.
• The rate of interest on the takeout is one to three percentage points
over the going rate, and the term much shorter.
32. 32
Construction Loans for Income Properties
• Apartments, office buildings, shopping centers, and warehouses all
use construction financing, sometimes termed interim financing.
• Only the strongest developers are capable of commanding
construction financing for any income property without a permanent
loan commitment.
• The terms of the permanent loan influence the manner in which the
construction money can be handled.
• Requirements for the permanent loan, such as an 80% lease-up before
release of the loan, places the construction lender in a far riskier
position.
33. 33
Construction Loans for Income Properties
• Construction lending calls for highly experienced personnel who can
work with builders and who understand construction.
• Most lenders will not release a progress draw without physically
inspecting the project.
• The trick is to be able to complete the project with the money available
and still have 10% of the loan amount retained to protect the lender.
• When the lender is satisfied that all bills are paid and that no valid liens
can be filed, this 10% retainer/holdback can be released.
34. 34
Construction Loans for Income Properties
Common mistakes made for draw requests include any of the following.
• Missing invoices and/or proper support documentation.
• Invoices lacking sufficient information.
• Charging previous balances or accounts receivable balances.
• Failure to carry forward approved work-in-place on the Requisition.
• Budget on Requisition not agreeing with the approved budget.
• Support documentation not properly organized or identified.
• Payment request and attachments not signed.
• Request for soft/hard costs not preapproved.
• Failure to provide any required supporting documentation.
• Lack of coordination between multiple lenders.
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