Due Diligence Flashcards
What due diligence did you under take for this instruction
- Certificate of Title check
What is a Certificate of Title
It is a legislative document for the individual unit which states its use class
I however review the Report on Title which contains all the Certificates of Title of the portfolio
What do you look for in a Certificate of Title
I value on the basis that the funder is in possession
I look for general disclosures and property disclosures
- Restrictive covenants
- Govt statutory requirements
- S.106 Agreements
What is a Mortgage exclusion clause?
Anything that states that the property converts to private use upon being taken over the a mortgage in possession
- Can therefor be valued on the basis of MV-T
Why were the properties in this portfolio restricted to EUV-SH
They did not have the correct mortgage exclusion clauses in their certificates of title
What is EUV-SH?
The amount for which an asset will be sold on the valuation date between a willing buyer and seller at an arm’s length transaction, assuming appropriate marketing and both parties have acted knowledgably prudently and without compulsion
EUV-SH (additional assumptions)
- That the body lets the property pursuant to the delivery of Existing Use
- That the vendor would only be able sell the property to an organization managing their stock in accordance with the regulatory bodys requirements
- Vacant properties will be valued on the basis that they will be re-let as opposed to being value with vacant possession
- Any subsequent sale would be held to the same values as above
What did you notice in the Certificate of Title that could impact value?
Restrictive Covenant
- EUV-SH in to Perp
What are the ground for repossession for a Secured Tenancy
Has to be done via court
- tenant has to be in breach