Leasehold Financing Demands Particular Protective Provisions

Miller Starr Regalia
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Construction and permanent financing of development projects on leased land can pose unique challenges for lenders. Most of these challenges can be better understood if the ground lease is perceived as a senior financial obligation with priority over the project lender's mortgage or other security interest in the property.

Under leasehold financing - which is a form of equity financing - in lieu of purchasing the land, the developer incurs a long-term ground-rent obligation to the landowner, and the owner retains the right to terminate the lease if the ground rent is not paid.

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