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Condominium
Deed
ownership to unit and undivided interest in common elements. Unit owner may
finance and refinance his unit with mortgage. Condominium cannot mortgage
common elements. Condominium Board of Managers has right of first refusal to
match offer to purchase or lease unit. Most never exercise it. Failure of
unit owner to pay common charges increases costs To other unit owners for
operating expenses – no risk of foreclosure to other units. Condominium may
foreclose on individual unit for failure to pay common charges. Units
separately assessed for real estate taxes each unit owner pays his own real
estate taxes and mortgage. Each unit owner deducts real estate taxes and
mortgage interest paid directly by him.
This
is a general guide
always consult your Attorney
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Cooperative
Apartment
Ownership of stock of corporation owning building with right to lease to a
designated unit. Co-operator may finance and refinance his stock ownership
and lease with loan secured by pledge of stock and lease as collateral.
Called a person loan (many think and call it a mortgage). Failure of
co-operator to pay maintenance (rent) increases costs to other unit owners
for operating expenses and debt service on underlying mortgage risk of
foreclosure on entire building . Entire building assessed as a whole
co-operator’s maintenance used to pay portion of real estate taxes and
underlying mortgage. Each co-operator deducts his proportionate share of
real estate taxes and interest on underlying mortgage paid as part of his
maintenance – also deducts interest on individual cooperative apartment loan
paid directly by him.
This
is a general guide
always consult your Attorney
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Kenneth Sposato
ABR®
Better Homes
and Gardens
Real Estate
One North Broadway
White Plains, NY 10601
Top Listing Agent Award
December 2008
Top Selling Agent Award
November 2008, October 2008
June 2008, July 2008
Top Selling Agent by Units
Master's Emerald Award 2007
Top Selling Agent Award
September June July 2007
Broker Council Award 2006
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