Wisconsin Fee Mortgage Provisions from a Ground Lease

State:
Multi-State
Control #:
US-OL20071
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Word; 
PDF
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Description

This office lease form states that the lessor represents to the lessee that the existing fee mortgage is the only mortgage encumbering the land and the demised premises. The lessor agrees to cause the holder of the existing fee mortgage to agree to certain provisions.

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FAQ

In many places, the seller is the one obligated to pay the transfer taxes, but the rules vary. ?In some states, like Pennsylvania, this expense is typically split between the buyer and seller,? Popowitz says.

Pros And Cons Of A Land Contract Pro: It's Easier To Get Financing. ... Pro: It's A Win-Win For Sellers. ... Con: The Buyer Depends On The Seller. ... Con: Contract Vagueness. ... Con: Higher Interest Rates. ... Con: Homeownership Gray Area.

Leases less than 99 years are not conveyances of real property per state law (sec. 77.21(1), Wis. Stats.). If an original lease of 50 years expires and is then renewed for another 50 years, it is considered to be less than 99 years and is exempt from transfer return and the transfer fee.

A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.

Land contracts are legal documents, and therefore, they must include terms that define the transaction. The contract should include the purchase price, the down payment requirement, the interest rate, a payment schedule, and prepayment options. The land contract should have a similar structure to that of a mortgage.

In a land contract, the buyer agrees to make payments to the seller over a period of time. A land contract is different from a mortgage because it is a private transaction. This type of contract is made directly between two people, the one selling the land and the one buying the land.

Private transfer fees, also known as reconveyance fees, recovery fees, capital recovery fees, or resale fees, is a charge that is required to be paid to a developer, HOA, or individual at closing each time a property is sold.

The Wisconsin real estate transfer fee (RETF) is imposed upon the grantor (seller) of real estate at a rate of $3.00 per $1,000 of value. The determination of the "value" of real estate for purposes of the fee depends upon the type of transfer being conducted.

The seller may declare the land contract to be at an end and file a quiet title action to remove the land contract as a cloud on the seller's title to the property. This remedy generally is only used if the buyer's equitable interest in the property is insignificant.

A deed and an Electronic Wisconsin Real Estate Transfer Return (eRETR) must be completed to convey title to real estate. If you need additional information in regards to your inquiry you will have to consult with a title company or an attorney. You can also contact the Register of Deeds at (608) 266-4141.

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Wisconsin Fee Mortgage Provisions from a Ground Lease