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In a typical transaction for the sale of real estate encumbered by a private transfer fee assessment, a contract for purchase of the real property is receipted at the title company. The title company then provides the prospective purchaser with a title commitment showing all encumbrances of record, including the transfer fee assessment.
This results in making the whole loan due; a resulting fire sale may lead to high write-offs on the debtor's books. Covenants can be financial, information, ownership, affirmative, negative or positive covenants. Often, the breach of any covenant gives the lender the right to call the loan or collect interest at a higher rate.
Cov-lite (or "covenant light") is financial jargon for loan agreements that do not contain the usual protective covenants for the benefit of the lending party. Although traditionally banks have insisted on a wide range of covenants that allow them to intervene if the financial position of the borrower or the value of underlying assets deteriorates, around 2006 the increasing strength of ...
At the state level, any three-story, 30-year-old building (or 25-year-old building if it's near saltwater) needed to be inspected for structural integrity by the end of 2024. A follow-up ...
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Consider a new study from Florida Atlantic University and Florida International University researchers in South Florida. They found the average home in the region is nearly 35% overvalued relative ...
The most commonly violated restrictions in affirmative covenants are tangible net worth, working capital/short term liquidity, and debt service coverage. Negative covenants are clauses in debt contracts that limit or prohibit corporate actions (e.g. sale of assets, payment of dividends) that could impair the position of creditors.
Any amounts received from the sale (net of costs) are applied to the original debt. In some jurisdictions mainly in the United States, [ 18 ] mortgage loans are non-recourse loans: if the funds recouped from sale of the mortgaged property are insufficient to cover the outstanding debt, the lender may not have recourse to the borrower after ...