Title Insurance For Real Estate Mezzanine Financing: UCC Policy Requirements and Coverage
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will examine basic mezzanine debt structure and discuss the title insurance options available to mezzanine lenders, including a rundown of the requirements and necessary documentation for insuring the pledges of equity involved in a mezzanine loan and a discussion of title issues related to mezzanine loans.
Outline
- Basics of mezzanine financing
- Collateral: equity interest in mortgage borrower
- Attachment, perfection and priority of the mezzanine lender's security interest
- Owner's title insurance policy with mezzanine loan endorsement
- UCC title insurance policy with UCC mezzanine endorsement
- Requirements relating to loan transaction and security agreement
- Requirements relating to borrowing entity structure, authority and collateral (certificates)
- Requirements relating to proper authorization
- Refinancing a mezzanine loan: Lost, misplaced or missing certificates
Benefits
The panel will review these and other relevant matters:
- For what other deal structures are pledges of equity taken as collateral for a loan policy?
- What are typical title company requirements for issuance of a UCC policy?
- What are the coverages under/primary advantages to obtaining a UCC policy?
- Advantages and disadvantages to opting-in/not opting in to UCC Article 8 of the UCC.
- Where the same lender is providing the mortgage loan and the mezzanine loan or a single loan is secured by a mortgage and a pledge does this “clog the equity of redemption’ of the borrower?
Faculty

Grant Puleo
Partner
Duane Morris
Mr. Puleo focuses his practice on a wide variety of real estate, finance and business transactions. He has extensive... | Read More
Mr. Puleo focuses his practice on a wide variety of real estate, finance and business transactions. He has extensive experience in a broad array of commercial and multi-family real estate transactions. His finance experience includes both borrower and lender representation in the initiation and workout of complicated debt and equity transactions, such as acquisition and construction financing, mezzanine financing and synthetic leasing transactions. He also represents clients in business matters involving the transfer of business assets and the formation and restructuring of business entities.
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Gary Zimmerman
Senior VP UCC Division
Fidelity National Financial
Mr. Zimmerman supervises and coordinates the underwriting, policy and production personnel and functions for the... | Read More
Mr. Zimmerman supervises and coordinates the underwriting, policy and production personnel and functions for the company's UCC Insurance Division. He reviews and evaluates transaction structure and provides feedback on the insurability of major-market commercial finance and mezzanine loan transactions.
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