Glossary · Structure

Ground lease

Also called: land lease, leasehold financing, leasehold mortgage

Defined by the Research desk, The Lender Report · Sources reviewed

A long lease of land on which the tenant owns or builds the improvements. A lender to the tenant takes a lien on the leasehold, not on the land.

In a ground lease the landowner keeps the land (the leased fee) and the tenant holds the right to use it (the leasehold), usually with buildings the tenant paid for. When the lease ends, the improvements normally revert to the landowner. A loan to the tenant is therefore secured by an asset that shrinks toward zero as the lease runs down.

Lenders respond with term rules. The OCC handbook says that when a loan does not fully amortize, the ground lease should extend beyond the amortization period, customarily by 20 years. When the loan fully amortizes, a lease running 10 years past maturity is usually sufficient. Ground rent is deducted as an expense when the lender calculates debt service coverage.

The lender will also want to be notified if the tenant defaults under the lease, with the right, but not the duty, to cure. The handbook notes the lender is most secure when the landowner subordinates the fee to the mortgage. Fannie Mae’s guide requires a lien on the leasehold estate and a signed estoppel certificate from the ground lessor. Bring the full ground lease and every amendment to the first meeting.

How it shows up in the data here

Not in the data. No bank call report, credit union report or HMDA record here says whether a loan is secured by a leasehold or by fee title, and no lease terms are in any public filing on this site. Use the lender lists by property type, such as investor CRE lenders, and ask each lender whether it lends on leaseholds.

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Related terms

Sources

  1. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (March 2022), retrieved .
  2. Fannie Mae Multifamily Guide, Part II, Chapter 1, Attributes and Characteristics, retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.