Articles and Resources - Bushore Church Real Estate

Removing Fixtures – from a church or otherwise

BlogrollAffixed To Land, California Civil Code §1013, California Civil Code §1025, Church Real Estate, Fixtures, Personal Property Tenant Improvements, Physical Annexation, Security Deposit, Tenant, Trade Fixture

Tenants love to improve the facilities they rent by either painting the walls, installing new carpet, or mounting a video projector and screen for their Sunday service, or otherwise. In most instances, the landlord church has no problem with these improvements. The trouble however, arises at the end of the rental term when the tenant wants to remove their expensive video projector, but the landlord wants it to remain as a fixture attached to the property. If the rental agreement in silent in this regard, who gets the projector and […]

Real Property Fraud

BlogrollChurch Financing, Church Real Estate, Escrow, Foreclosure, Loan Modification, Misrepresentation, Mortgage Fraud, Title Transfer, Wire Fraud, Wire Instructions

The information below pertains only to real property as opposed to personal property. As a property owner, you should be diligent in regard to your property and finances. What follows is important information provided by the FB Wire Fraud: All parties to a real estate transaction are potential targets of wire fraud and may lose hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, it is strongly […]

Church Financing

BlogrollBridge Loan, Church Bond, Church Financing, Church Loan, Church Real Estate, Down Payment, Endowment, Line of Credit, Seller Financing, Stated Income, Unsecured Loans

Some churches belong to large denominations and have access to funds that are lent through Foundations, Endowments, or other types of funding sources. Regardless of its membership, most churches find it extremely difficult to obtain financing from standard banking institutions. This is generally because most standard banks considering church loans to be too risky based solely on the fact that the loan is based on either the stated income or the equity in their real property, if available. Private Mortgage Companies: Private mortgage type companies, or private lenders, (sometimes referred […]

Clouds on Title (Ownership) to Real Property

BlogrollChain of Title, Church Real Estate, Clear title, Deed, Grandfathered, Grantee, Joint Tenancy, Marketable Title, Right of survivorship, Tenancy in Common, title, Title Insurance

Real Property values will always fluctuate over time, but the one that is often overlooked is the marketability of the Property. Every contract for the conveyance of Real Property contains an implied warranty that the Title will be delivered reasonably free from doubt of hazards to litigation either in fact or law. Although Title need not be perfect, it must not expose the reasonable buyer to the hazards of litigation. One sure way to inhibit your ability to sell your Property is to allow a cloud on the Title to […]

Security Deposits

BlogrollChurch Real Estate, Civil Code Section 1950, Damage, default, Deposit, key money, Landlord, Tenant

Unlike residential security deposits, commercial deposits held to secure a rental agreement can be negotiated between the parties. The laws governing residential property and the handling of security deposits are long and tedious. Commercial tenancies however are much more negotiable in that the parties may mutually agree on any amount to be designated as security. Security Deposit: California Civil Code Section 1950.7 establishes that a commercial landlord may use a security deposit to remedy monetary defaults, to repair damages to the premises caused by a tenant, and to clean the […]

General Liability Insurance

BlogrollAdditional insured, Construction, Indemnity, Liability insurance, Tenant, Waiver of Subrogation, Workers' Compensation

Nearly all agreements which involve the use of real property require liability insurance in one form or another. Once we get through the general terms of use, most of the questions I receive come in the area of insurance. Insurance requirements are often the most misunderstood and over-looked areas of real property. What follows is a simplified explanation intended to answer to most-often asked questions relating to real property. Insurance Requirements: The simple truth is that requiring a tenant or other user of your property to have insurance serves the […]

Property Tax Assessments

BlogrollAd Valorem Tax, Appraisal, change of ownership, Living Trust, Property Tax Appeal, Reassessment

As a general rule, real property in California is reappraised for tax assessment purposes when there is a change of ownership, new construction, or the market value declines below the previously assessed value. However, in the nonprofit world of real property, a reassessment may also occur due to a loss of a Church, Religious, or Welfare exemption. Although these exemptions are explained in another article, their affects can greatly impact your property tax assessment. Otherwise, the assessed value of the property will increase by no more than 2% per year. […]

Special Use Appraisals

Blogroll1031 Exchanges, Ad Valorem Tax, Appraisal, Certified General Appraisal, Eminent Domain, Inverse Condemnation

The Special Use Property Appraisal (With insertions of opinion as to the appraisal of a religious property) The California Bureau of Real Estate Appraisers Practice Act defines an appraisal the act or process of developing an opinion of value for real property, and does not include an opinion given by a real estate licensee or engineer or land surveyor in the ordinary course of his or her business. The standards used within the appraisal profession are set forth in the Uniform Standards of Professional Appraisal Practice (USPAP) which were developed […]

Solar Panels

BlogrollChurch for Sale, Church property, Church Real Estate, Church Real Estate Broker, Church roof, Religious Property. Solar Panels

Solar Panels and the Church Solar panels on church roofs are becoming more and more popular. For starters, the electricity bill at any given church can be astronomical, especially in the summer. Churches are often looking to cut cost in order to be good stewards of their property and finances. Saving money, and possibly profiting from solar panels may be a good alternative, but there are always risk involved. Cost: Always of primary concern, one must consider the cost of taking advantage of a large roof area in order to […]