J Grant
Elite Member
- Joined
- Dec 9, 2003
- Professional Status
- Certified Residential Appraiser
- State
- Florida
pasted from post 14-Both parcels will be encumbered by a first lien, prohibiting the separation and sale of the additional parcel(s) without the lienholder’s approval.
Therefore it is surplus land which cannot be developed separately from the property.
Putting two divisible lots, where one is excess land, under one first lien ( a mortgage encumbering both ) does NOT make the second lot into surplus land!!!
Surplus land means the additional land can not be separated from the main parcel, either for zoning reasons and/or because the configuration makes the extra land not buildable, not able to be serviced by a road and utilities.
When two separate lots, usually with two Tax ID numbers, are encumbered by one mortgage, the second excess lot can still be sold, and it gets released from the mortgage on sale - either the first mortgage is paid off or changed to reflect a new value or however, it is handled.
Therefore it is surplus land which cannot be developed separately from the property.
Putting two divisible lots, where one is excess land, under one first lien ( a mortgage encumbering both ) does NOT make the second lot into surplus land!!!
Surplus land means the additional land can not be separated from the main parcel, either for zoning reasons and/or because the configuration makes the extra land not buildable, not able to be serviced by a road and utilities.
When two separate lots, usually with two Tax ID numbers, are encumbered by one mortgage, the second excess lot can still be sold, and it gets released from the mortgage on sale - either the first mortgage is paid off or changed to reflect a new value or however, it is handled.