Due Diligence Flashcards

1
Q

What due diligence did you under take for this instruction

A
  • Certificate of Title check
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2
Q

What is a Certificate of Title

A

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

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3
Q

What do you look for in a Certificate of Title

A

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

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4
Q

What is a Mortgage exclusion clause?

A

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

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5
Q

Why were the properties in this portfolio restricted to EUV-SH

A

They did not have the correct mortgage exclusion clauses in their certificates of title

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6
Q

What is EUV-SH?

A

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
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7
Q

What did you notice in the Certificate of Title that could impact value?

A

Restrictive Covenant
- EUV-SH in to Perp

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8
Q

What are the ground for repossession for a Secured Tenancy

A

Has to be done via court
- tenant has to be in breach

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9
Q
A
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