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Success Stories
Virtually every real estate transaction comes with its own set of challenges. How you respond to them can be the difference between a profitable venture – and a missed opportunity. Here's a look at some real-world examples of how Sutton Alliance’s talented team transformed challenges into opportunities for success for our client – and in turn, their clients. The success stories below represent proven solutions and lessons learned from actual client engagements, and illustrate how Sutton Alliance helps clients achieve success in many different ways.

Sutton Land Title Agency
Underwriting expertise saves $43K in title premiums for shopping center – and saves lender relationship for our attorney client

Situation:

Our client, a major Manhattan law firm, represents the lender for $37 million shopping center in the Northeast. The five-year balloon was approaching and the lender wanted to advance an additional sum, while simultaneously extending the original loan.

Challenge:
  • Maintain the priority of the original $37 million by advancing and consolidating any new money.
  • Quote on new title premium for combined old and new money in excess of $50,000.
  • Small chance of closing the extension with the owner at that premium
Solution:
  • Gather facts and complete title update
  • Identify any lien issues
  • Senior underwriting endorsed prior policy to include new money
  • Senior underwriting agreed to provide endorsement and affirmative insurance to client
Results:
  • Assured priority of the previous $37 million
  • $43,000 in cost savings
  • Attorney received title update/date down, endorsement and affirmative coverage for a total new premium of $7,000
  • Our client – and attorney’s lender client – completely satisfied

Progressive Closing & Escrow
Customized online platform satisfies client’s need for speed

Situation:

Financial Institutions, Inc. (FII), a bank-holding company that provides consumer, commercial and agricultural banking services through bank and non-bank subsidiaries, was selling 2,100 of their commercial booked loans and asked Progressive to review loan files and identify risks prior to sale.

Challenge:
  • All work – sorting the inventory, identifying the risks and finding lost commitment letters – must be completed within 40 days.
Solution:
  • Created a customized online platform
  • Fully-staffed and trained team of professionals on platform and special risk management considerations
  • Sorted and risk-assessed document information inputted into system; gave FII simple, quick access to specific file
Results:
  • Files completed within a 5-day turnaround time
  • Enabled client and Progressive to communicate fully via the Internet
  • Platform allowed easy access for FII check the status of particular files

National Commercial Services Division
Team puts pedal to the metal and closes $30 million refinance in 72 hours

Situation:

Due to the nature of the business, our National Commercial Services team received a 72-hour notice of a closing on a $30 million refinance on a commercial property in Somerset, New Jersey.

Challenge:
  • Accomplish underwriting, conduct additional searches and produce funding statements in just 72 hours.
Solution:
  • Maintain standards and practices, without slowing down the process
  • Obtain all necessary documentation and comment on it
  • Navigate survey issues, order additional down dates and ancillary searches, address the commitments’ issues and dispense lender statements
Results:
  • We wrote and issued policy at closing table – just 72 hours after notification
  • Complete client satisfaction

Sutton 1031 Exchange Services
In-depth knowledge saves client from potential "drop and swap" scenario

Situation:

Seller (the exchanger) wants to sell a property and purchase another in exchange – and take advantage of tax benefits under IRS Code 1031 – unknowingly faces ineligible situation.

Challenge:
  • Discussion with seller revealed that the sale property was purchased three years ago by him with a group of investors and they took title in the name of a limited liability corporation.
  • Three months ago the limited company was dissolved by unanimous consent of its members, and each of the individual members became an individual tenant in common owner of the property.
  • IRS takes a position that by dropping and swapping a membership interest in return for a tenant in common interest, each of the individual owners no longer is holding the property for productive use or trade, and instead now hold the property for resale purposes only, and as such are no longer entitled to the benefits afforded under 1031 of the Code.
Solution:
  • Carefully reviewed situation, within context of Section 1031
  • Informed client that selling property at this time is disfavored by IRS Section 1031; considered a "drop and swap"
  • Advised client that holding property for one year or more could make it “exchange-eligible” under Section 1031
Results:
  • Client saves thousands in potential capital gains taxes and penalties

Sutton Land Title Agency
A unique ability to structure even the most complex deal

Situation:

When Sutton received title orders for two commercial packages, one covering seven properties in three different states for $86 million and the other covering two properties in New York for $47 million, its talented team of real estate transaction specialists readily welcomed the challenge presented by this complex deal. To complicate things further, the sellers, although common principals, were separate legal entities and but the buyers were different, which meant dealing with two sets of buyer’s attorneys, lenders and lenders’ counsel. Additionally, the mortgages needed to be defeased.

Challenge:
  • Meet the defeasance deadlines for each of the packages, as well as the new lenders’ deadlines without compromising the quality of the closing process
Solution:
  • Structured policies and endorsements to comply with local state laws
  • Prepared bills to comply with comply with local state laws pertaining to title fees, transfer taxes, etc.
  • Prepared separate settlements for each of the transactions and disbursed funds in accordance with each of the lenders’ and buyers’ instructions
Results:
  • Simultaneous closing accomplished and all deadlines met

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