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Started By
Message
Any Underwriters/Loan Officers out there can answer this?
Posted on 5/16/14 at 8:24 am
Posted on 5/16/14 at 8:24 am
If a buyer/borrower is purchasing a small commercial parcel for office use and the Seller wants to retail the mineral rights, is it difficult for the borrower to get lending on such contingency?
Thanks.
Thanks.
Posted on 5/16/14 at 8:33 am to Bushwackers
In Iowa it would depend on the title search. Most lenders don't understand how to read abstracts, or title opinions, so a lot of times when I sell, depending on the parcel, I retain easements.
What I do with easement rights is charge a license fee to anyone who wants to cross.
So for example, I purchased railroad property out of bankruptcy. When some lays fiber optic line across teh land, which I've already sold, I charge for right of easement. At that point the banker and the entity that laid the line say, "You can't do that, we already paid the property owner and we ran a title search". At which point I point out what is filed at the County Recorder's office, and ultimately they pay me.
Now your small community bank is smart enough to understand mineral rights, easement rights etc not granted in the sale of real property. Large banks? I'm not sure they understand how to read.
I've have answered many posts here, all in one snide reply. But it is truth. In Iowa anyway. We are considered a "race to the recorder's office" state with respect to real property transactions.
What I do with easement rights is charge a license fee to anyone who wants to cross.
So for example, I purchased railroad property out of bankruptcy. When some lays fiber optic line across teh land, which I've already sold, I charge for right of easement. At that point the banker and the entity that laid the line say, "You can't do that, we already paid the property owner and we ran a title search". At which point I point out what is filed at the County Recorder's office, and ultimately they pay me.
Now your small community bank is smart enough to understand mineral rights, easement rights etc not granted in the sale of real property. Large banks? I'm not sure they understand how to read.
I've have answered many posts here, all in one snide reply. But it is truth. In Iowa anyway. We are considered a "race to the recorder's office" state with respect to real property transactions.
Posted on 5/16/14 at 10:16 am to Bushwackers
quote:
Seller wants to retail the mineral rights
Retail? Or retain?
Posted on 5/16/14 at 1:35 pm to GeauxColonels
Retain.
From what I gather the buyers lender will not loan b/c of liabilities issue. Why put a mortgage on a property only to have seller come in and environmentally screw it up and the said buyer is responsible.
From what I gather the buyers lender will not loan b/c of liabilities issue. Why put a mortgage on a property only to have seller come in and environmentally screw it up and the said buyer is responsible.
Posted on 5/16/14 at 2:14 pm to Bushwackers
No its not difficult - you can get lending with a reservation of minerals. It is common for the seller to retain the minerals without retaining the right to use the surface for drilling - meaning he would need to directionally drill or be part of a unit to utilize the mineral rights. In LA, if the mineral rights are not used in 10 years, they revert back to the landowner.
Posted on 5/16/14 at 9:21 pm to LazloHollyfeld
He is correct. You need a surface rights waiver drawn up and the lender shouldn't have a problem after
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