I.
Private Placement Memorandum (PPM) – From
Tenant in Common
a. Purchaser Questionnaire
b. Deposit to Title Company
c. Credit Authorization
II.
Financial Information for Lender – From Tenant
in Common
a. Current Personal Financial Statement
b. Tax Returns – Most Recent 2-3 Years, depending
on Lender requirements
c. Schedule of Real Estate Owned
d. Accommodator Statement – Verification of Funds
e. Authorization to Disclose/Credit Authorization
f. Other Lender Disclosure Authorizations, as necessary
III.
Entity/Ownership Documentation – From Tenant
in Common relative to their entity
a. Trust
i. Current Certification of Trust
ii. Entire Trust Document
iii. Legal Opinion, if required by Lender
b. LLC
i. Articles of Organization
ii. Certificate of Good Standing
iii. Operating Agreements
iv. Consents, as required
v. Legal Opinion, if required by Lender
c. Corporation
i. Articles of Incorporation
ii. Certificate of Good Standing
iii. By-Laws
iv. Consents and Resolutions, as required
v. Legal Opinion, if required by Lender
d. Partnership
i. Formation Documents
ii. Certificate of Good Standing
iii. Partnership Agreement
iv. Legal Opinion, if required by Lender
e. Individual
i. Interspousal Deed – if married
and taking title as sole and separate
IV.
Formation of SPE LLC – Provided by SPONSOR
for Tenant in Common Signature
a. Formation/Registration Documents
b. Operating Agreement
c. Consents and Resolutions, as required
V. Purchaser Agreements
a. Purchase Agreement & Escrow Instructions (x3)
i. Amendments, if necessary
b. Tenants in Common Agreement (x1 + notary)
i. Supplements, if necessary
c. Property Management Agreement (13)
d. Assignment and Assumption of Agreements (x3 + notary)
VI.
Loan Documents
a. ***Loan Assumption Agreement
OR
b. ***It is Sponsor’s goal to have the Tenants in
Common sign a Loan Assumption Agreement to assume all
of the loan documents. However, at times, it may become
necessary to have all Tenants in Common sign all loan
documents, which may consist of, but are not limited to
the following:
i. Promissory Note
ii. Deed of Trust
A. Amendments, if necessary
iii. Assignment of Leases and Rents
iv. Cash Management Agreement
v. Indemnity and Guaranty Agreement
vi. Assignment of Warranties and Other Contract Rights
vii. Closing Certificate
viii. Hazardous Indemnity Agreement
ix. Clearing Bank Instruction Letter
VII.
Closing Signatures
a. Estimated Closing Statement
b. Escrow Instructions
c. Accommodator Instructions
d. Escrow Amendments from Title Company, if necessary
e. Preliminary Change of Ownership
f. Statement of Identification
VIII.
Purchase Payment & Closing Costs
a. Cashier’s Check/Funds wired to Title Company
(from accommodator or individual
Note:
Please understand that the above list is only meant to
be used as guidelines for those documents that may be
required in a Tenant in Common transaction. However, please
note that this list is not exhaustive and is always subject
to change based on the particular transaction and the
Lender requirements.

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