Ancillary Agreements in Real Estate Transactions
The ACREL Papers - Spring 2017, American Law Institute
29 Pages Posted: 28 Sep 2017
Date Written: April 1, 2017
This article discusses certain ancillary but important documents in the context of two common real estate transactions: mortgage loan financings and acquisitions of income-producing real estate. In particular, the article analyzes current case law and drafting considerations relating to estoppel certificates, certified rent rolls and subordination, non-disturbance agreements (SNDAs). In addition, the article examines due diligence issues for the lender and buyer. Note: This article was co-authored with Barry Hines, Partner, Frost, Brown, Todd LLC and Everett Ward, Partner, Quarrels & Brady LLP and initially presented at the Spring Meeting of the American College of Real Estate Lawyers (ACREL).
Keywords: Mortgage, Lease, Estoppel, SNDA, Subordination, Non-Disturbance Agreements, Due Diligence
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