Construction Lending and Title Insurance: Best Practices in Disbursement and Documentation

Drafting Effective Future Advance, Budgeting, and Draw Provisions; Lien Waivers, Title Updates and Endorsements

A live 90-minute premium CLE video webinar with interactive Q&A


Tuesday, October 26, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 1, 2021

or call 1-800-926-7926

This CLE course will examine the mechanics of construction loan funding and the interplay of construction advances with title insurance through the life of a construction loan. The panel will discuss drafting, budgeting, and construction-draw provisions and best practices for preserving the lender's lien priority and title insurance protection for future advances.

Description

In construction loans, the lender advances a small portion (or none) of the loan at closing since the proceeds are intended to fund construction costs as incurred. The conditions for advancing funds are often complicated because there are three participants--the lender, the borrower, and the contractor--and in part, because actual costs may vary from the construction budget.

Most construction loan agreements provide for shifting cost savings for one item to another item in the budget. Construction budgets will usually incorporate "contingency" to be applied by the borrower to pay for cost overruns for items in the budget, subject to certain conditions. Documents must provide for retainage for unforeseen costs to ensure the completion of the project.

A construction loan is unique for title insurance because disbursements are made post-closing, and property increases in value with each disbursement. Title insurance must be in place to cover the loan amount as it is funded.

Counsel to the lender must structure the loan to ensure the priority of advances and procure title insurance (including appropriate endorsements at closing) consistent with that priority. Also, the borrower will typically need to obtain lien waivers or lien subordination as disbursements are made.

Listen as our authoritative panel discusses the construction loan funding process and the need for increasing title insurance coverage as funds are disbursed. The panel will discuss budgeting and construction draw provisions in loan agreements, future advance clauses, and other practices for preserving the senior position of the mortgage over mechanic's liens and the title endorsements to obtain at closing.

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Outline

  1. Construction loans
    1. Budgeting: adjustments, retainage
    2. Draw procedures
  2. Mechanics liens: lien waivers, lien subordinations
  3. Title coverage and construction endorsements
  4. Future advance clause, title updates
  5. Survey coverage: new 2021 ALTA/NSPS Standards
  6. Owner's policy

Benefits

The panel will review these and other relevant matters:

  • What are the issues to consider in drafting construction draw provisions?
  • How do construction draw provisions address variations from the construction budget?
  • How does title insurance for a construction loan differ from title insurance for a permanent loan?
  • What is the purpose of lien waivers or subordinations required with construction draws, and what are the standard forms?

Faculty

Escobar, Jeffrey
Jeffrey R. Escobar

Partner
Dorsey & Whitney

Mr. Escobar helps companies navigate through complex real estate, project and infrastructure finance, and...  |  Read More

Halverson, Micah
Micah J. Halverson

Partner
Kutak Rock

Mr. Halverson represents commercial lenders and developers in a variety of financial transactions and developments. He...  |  Read More

Attend on October 26

Early Discount (through 10/01/21)

Cannot Attend October 26?

Early Discount (through 10/01/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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