In construction loans, the lender advances a small portion (or none) of the loan at closing since the proceeds are intended to fund construction costs as incurred. The conditions for advancing funds are often complicated because there are three participants--the lender, the borrower, and the contractor--and in part, because actual costs may vary from the construction budget.
Most construction loan agreements provide for shifting cost savings for one item to another item in the budget. Construction budgets will usually incorporate "contingency" to be applied by the borrower to pay for cost overruns for items in the budget, subject to certain conditions. Documents must provide for retainage for unforeseen costs to ensure the completion of the project.
A construction loan is unique for title insurance because disbursements are made post-closing, and property increases in value with each disbursement. Title insurance must be in place to cover the loan amount as it is funded.
Counsel to the lender must structure the loan to ensure the priority of advances and procure title insurance (including appropriate endorsements at closing) consistent with that priority. Also, the borrower will typically need to obtain lien waivers or lien subordination as disbursements are made.
Listen as our authoritative panel discusses the construction loan funding process and the need for increasing title insurance coverage as funds are disbursed. The panel will discuss budgeting and construction draw provisions in loan agreements, future advance clauses, and other practices for preserving the senior position of the mortgage over mechanic's liens and the title endorsements to obtain at closing.
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Opportunity Zones offer great promise for new investment in low-income areas and affordable rental housing in those areas. Regulations and guidance continue to evolve. This topic will take a deep dive into Opportunity Zones, explaining the current guidance and exploring potential issues in structuring transactions with a focus on affordable housing. Panelists will discuss potential benefits and the challenges to structuring transactions. This information is a great fit for anyone looking to get a better handle on Opportunity Zones and explore their benefits and limitations.
Understand the concepts and organization underlying residential and commercial real estate transaction documents.Residential and commercial real estate transactions are built upon the documents which lay out the terms and conditions for those transactions. In order to be effective, those documents must contain clearly articulated concepts and be organized so the parties to the transactions, and sometimes finders-of-fact (that is, judges and juries), can interpret those documents. It is a best practice if real estate transaction documents are designed and constructed from a proactive risk management perspective, using checklists to ensure the relevant substantive and procedural matters are addressed and not inadvertently dropped. This topic is intended to help real estate professionals such as developers, owners, property managers, engineers, surveyors, contractors, and attorneys understand how to prepare and review real estate documents in a variety of settings such as purchase and sale transactions, leases, development projects, shared ownership/management/cost-sharing arrangements (condominiums, cooperatives, owner associations), and mortgage financings.