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#2135932 - 06/26/17 09:50 PM we don't want the bldg as collateral
Burgess Offline
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Joined: Jan 2004
Posts: 1,621
so a loan officer wants land, in the flood plane as collateral but does not want to get flood insurance on the only building on the land.
is there a way he can take the land and disclaim any interest in the building as collateral.?
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Flood Compliance
#2135933 - 06/26/17 09:58 PM Re: we don't want the bldg as collateral Burgess
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,363
Galveston, TX
You need to be talking to your legal counsel as to how to take the land without improvements. Also, talk to you special credits area about what they plan to do when the loan goes bad and the borrower has a building on it. Do they expect the borrower to remove it??
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#2135995 - 06/27/17 02:42 PM Re: we don't want the bldg as collateral Burgess
Docs Offline
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Joined: May 2016
Posts: 241
Agree with Randy. Keep in mind that the reason for a lender to place a lien on the property is to help assure that if the borrower does not repay the lender then the lender can foreclose and keep (or sell) the property on which they have the lien. So, if the lender is somehow able to place a lien only on the land but not the improvements, upon foreclosure they will gain title only to the land, not the building. The borrower will still own the building - in effect the the lender and borrower will become co-owners of the entire property. The bank will have no end of "fun" trying to do anything with the property to recover their loss on the loan without the full cooperation of the borrower on whom they foreclosed. [In short, a very bad idea, IMHO.]
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