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Assumptions – Acceptance of primary liability for payment of an existing note secured by a mortgage or deed of trust (Assumptions covered within this definition: third party; related party; and with modifications). Restructuring of Ownership – Continued acceptance of primary liability for payment of an existing note secured by a mortgage or deed of trust, by the original borrowing entity with a modified make up or set of principals.
Easements – A right to the limited use or enjoyment of land held by another.
Secondary/Mezzanine Financing – A funding method using a loan secured by a second mortgage or a property. Sometimes used to refer to any financing technique other than equity and first mortgage debt.
Partial Releases – The release of a portion of the mortgaged land.
Condemnations – The taking of private property for public use under the right of eminent domain with just compensation paid the owner.
Mechanics Lien Disputes – A claim created by law to secure priority of payment for work performed and materials provided by a vendor. Land may be attached as well as buildings, equipment, or other property.
Extensions – Continuation past original maturity date; continuation of a commitment.
Collateral Substitutions – Substitution of mortgage real estate pledged as security for a debt.
Additional Loan Advances – A type of loan modification where the lender agrees to advance new and additional loan funds to the borrower to cover any legitimate expense not properly foreseen at the origination of the loan.
Loan Restructuring/Workout – An alternative action to foreclosure for the benefit of the lender and the borrower (e.g. loan modification).
Holdback i.e. Special Reserves – The portion of a loan commitment not funded until some additional requirement, such as rental or completion, is attained.
Lease Matters – Issues relating to the written document containing the conditions under which the possession and use of real and/or personal property are given by the owner to another for a stated period and consideration.
Insurance Losses – Result of an event that triggers a clause in a borrower’s insurance policy requiring the servicer to take actions in accordance with the deed of trust.
Letter of Credit Release or Draw Down Issues relating to the letter authorizing a person or company to draw on a bank, or stating that the bank will honor their credit up to the stated amount.
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