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Wastewater Treatment Facility
Underwriting/negotiating a 50 lot park in Ohio with a wastewater system that is from 2006. Do we have a group expert? Advice? Avoid altogether? :)
Title Insurance issue
I'd love to get the group's thought on this... our Wisconsin park deal is at a standstill. We just learned the county's system had a cyberattack and searching prior to 2021 is impossible. Apparently no one is insuring properties in this county until the system is rebuilt (maybe next year). No bank will loan without title insurance. Here is what our lawyer is suggesting: "do a master lease option through the next two years where you operate and pay the seller for the master lease until title can be obtained and then have (and exercise) a purchase option in the master lease that can be recorded along with the memorandum of lease. Usually this would be around the amount of the underlying debt service if the Seller has a loan or a seller financing payment amount but could be as little as $0 as long as you pay the mortgage." This does not have a mortgage as these are the original owners since 1993. This is the only way I see to get this deal done. (As of now, the sellers are refusing any type of seller financing...) Anyone have any thoughts on this?
Financial Review: Can I ask this?
Going over financials for our park we have UC. Bank account is flush beginning in 2025 (approx $70K) but April-July large checks start being written: totaling $10K one month, $28K another, $16K, etc. Can I ask the seller about these? What detail should I request? He drew down the account to where it currently only has about $300 in it today....
Uncooperative sellers
I have sellers trying to restrict my ability to investigate the property I have under contract. Most recent email said this, what are your thoughts? “As a reminder, and consistent with the terms of the Purchase and Sale Agreement, any entry onto the Property and inspection activities must be conducted with reasonable notice and in a manner that does not interfere with ongoing operations or residents. Given that the Property is an occupied community, all site visits must be scheduled in advance and accompanied. We ask that you refrain from entering or driving through the Property outside of coordinated visits to avoid disruption or confusion for tenants. “With respect to third-party outreach, we ask that any inquiries be conducted on a general or hypothetical basis only and without reference to the Property, its address, ownership, or operations. “Any property-specific inquiries should be coordinated through us to ensure consistency and avoid unintended issues. “We will follow up directly regarding the Township zoning/code verification request once it becomes available. “With respect to vendor outreach, we prefer that any quotes or services be obtained through your own providers rather than contacting vendors associated with the Property.”
Zoning letter refusal
What do you do when a town refuses to write you a zoning interpretation letter?
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