2 Weeks Past Closing and waiting.... on a $60mil mortgage

2 Weeks Past Closing and waiting.... on a $60mil mortgage

Upper valley, NH · Member since 2019 · 29 posts · 14 votes

Question First, has anyone come across this roadblock in the past? How long does it typically take to get a mortgage release? It is a $60 mil mortgage attached to a $300k house and the mortgage company has already agreed to release it.

And here's the back story.

I have a my first deal, only problem is its tied to a $60 million mortgage. So here's the story...

This out of state billionaire acquires a giant corporation, not knowing he also bought a 4 unit apartment with it, and this apartment needs a ton of work. So instead of dealing with a project way under his profit range, he finds his best employee and sells it for $15k and uses it as a write off. The current owner (employee of the year) tries to fix it up but during the process becomes sick and discovers a long list of ailments that takes his full attention. To say the least he is not able to do a full rehab himself and all of his reserves go to medical bills.

So here's where I come in, we sign under contract and 3 weeks later ( a few days before closing) my attorney gives me a call and let's me know there's a large encumbrance on the property. It seems in the haste of getting rid of the property the aforementioned billionaire never had his mortgage company release this property. In normal times this would be a mild inconvenience but with the market the way it is, everyone mentioned above is so completely overwhelmed with the amount of work coming in, I'm a bit worried how long all of this will take.

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  • Tom DegroodtPro Member
    Evans, GA · Member since 2016 · 121 posts · 65 votes
    5y

    Did you close with the property still encumbered?  Did you get title insurance on it?  I am assuming from your question that you are going to do a full re-hab and flip the property, but are worried about adding value that may go back to the old owner.

  • Specialist · Winter Springs, FL · Member since 2009 · 1k+ posts · 747 votes
    5y

    I think you may have two problems in getting a partial release (PR) of the mtg.  First, unless the mtg has a PR provision, and unless the was a real estate related loan as opposed to a loan for the operation of the primary business of the corp, it probably does not, the lender doesn't have a contractual way to value the property as an asset securing the debt making setting a PR price difficult.  Plus, the lender doesn't really have an incentive to work with your seller since the loan is with the seller's boss.  Even if the boss is on good terms with the lender, i.e. the payments are current, your seller will need the boss's assistance to get the PR.  If the seller and the boss are still on good terms maybe the PR can be obtained but it may not be easy or fast.

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