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#190904 - 05/17/04 05:16 PM Landlord Waiver
Anonymous
Unregistered

We are processing a loan for an S Corp (husband and wife). The collateral will be inventory and equipment. The property where the collateral is located is owned by the husband and wife. We are taking the property as well. The husband and wife are guarantees on the loan as well. I feel we need a landlord waiver for the inventory and equipment because the business does not own the property. Is this asking too much, I am being told it is.
I posted this in the operation compliance board this morning in error. I apologize for the double post but I did not get any responses. Thanks for your help.

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Lending Compliance
#190905 - 05/17/04 05:42 PM Re: Landlord Waiver
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Much of this would be on how courts in your jurisdiction have looked at this situation. You may be better off in consulting a qualified local attorney on the adequacy of collateral documentation.
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#190906 - 05/17/04 05:45 PM Re: Landlord Waiver
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
Why would you treat this any different than if the corp was renting from someone else? We would require the Landlord Waiver. The corp is renting from the H&W aren't they?
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The opinions expressed are mine and they are not to be taken as legal advice.

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#190907 - 05/17/04 05:50 PM Re: Landlord Waiver
Anonymous
Unregistered

That's what I thought. Thanks for your help..

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#190908 - 05/17/04 06:34 PM Re: Landlord Waiver
tuma Offline
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Joined: Feb 2003
Posts: 368
Here & There
Quote:

The property where the collateral is located is owned by the husband and wife. We are taking the property as well.




If you are taking a mortgage on the real estate that the H/W own, does (will) your lien extend to rental/lease income from the real estate? If so, you may have it all tied up anyway--in a round about way. However, consulting counsel would be prudent. The lien gives you the collateral, but the LL waiver gives you the position.

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