Summary of the Transaction

Refinance of Commercial BuildingMartin + Colin, P.C. announces the successful refinance of an $1.1 Million commercial building in the Bronx, New York.  The building is a standard commercial building containing, among other tenants: a pizzeria, a ribs and wings restaurant, a Chinese-style restaurant and a discount variety store.  The owner sought refinancing because his commercial mortgage was coming due.  The experienced real estate lawyers at Martin + Colin, P.C. were able to assist the owner in bringing the refinancing to a successful closing.

Our Expertise Saved the Client Money

Among other important provisions, the real estate closing attorneys at Martin + Colin, P.C. successfully negotiated a clause permitting the future assignment of the mortgage.  Here’s the valuable clause:

  • Assignment of Mortgage. Upon Borrower’s written request, Lender shall permit an assignment of this Mortgage upon repayment of the Loan in full in accordance with the terms of the Note provided that the Borrower pays Lender an assignment fee of 0.25% of the Loan Amount in furtherance of the assignment at the time of assignment.

Refinance of Commercial BuildingWhat is the significance?  Unlike home loans, commercial loans often last only five years.  During the loan period, the borrower usually pays interest only.  Thus, at the end of the five year loan period, the borrower will still owe $1.1 Million.  The borrower will need to find another bank to lend him $1.1 Million for another five year loan period.  When the borrower identifies that new lender, the closing is scheduled.  Immediately after closing on the new loan, the new lender will want to record the new mortgage, at borrower’s expense.  The recording tax on that new mortgage could add thousands of dollars to the borrower’s closing costs.  However, because we negotiated the “Assignment of Mortgage” clause into the loan documents, the cost to the borrower to record the next mortgage for the next five year loan will be more like zero rather than several thousand dollars.  That’s a big savings.

We Can Make Your Real Estate Transaction A Success

Refinance Commercial BuildingThe experienced real estate lawyers at Martin + Colin, P.C. can apply their expertise and help you with your real estate transaction.  Call us at (914) 771 7711.