Against this file · not a generic list
Close only when every line is true.
If any line is open, closing does not happen. This is the playbook checklist checked against the live stack.
Live file · rev 1
$500,000 · first $350,000 · second $150,000 · check $14,650
- AFR floor met
- AFR not locked
- Below usury cap
- CLTV 100% over cap
- Senior DSCR
- Investment occupancy
- Zero down · check still due
- 01
AFR lock
OpenNot locked into the file — a 45-day close can drift under the floor
- 02
Senior overlay
OpenCLTV 100.0% sits over this senior’s 80% cap. A 70/30 stack is 100% CLTV — most DSCR firsts will not close it as disclosed subordinate financing.
- 03
Parties named
OpenTerm sheet still needs names before it leaves the building
- 04
Folio / legal
OpenAdd folio or legal on the term sheet
- 05
Two engagement letters
OpenBuyer’s Florida real estate attorney drafts. Seller’s independent counsel reviews.
- 06
Servicer ready day one
OpenTBD — third-party required. Kitchen-table collections are out.
- 07
Simultaneous close
On this fileNote #1 and Note #2 fund at the same Florida title table on the same day.
- 08
ICA before the deed records
OpenIntercreditor is a closing condition, not a follow-up
- 09
Seller marked reviewed
OpenIndependent counsel has the one-pager
- 10
Commitment typed and locked
OpenWe do not parse PDFs. Type the lock on the lender pane.
- 11
Insurance escrow
OpenEnter annual insurance so PITIA is real
- 12
Free and clear (or paid off at close)
On this fileSeller represents no existing mortgage
- 13
Realty only (no operating business)
On this fileInvestment / land occupancy on this file.
- 14
Occupancy
On this fileInvestment occupancy
- 15
Balloon disclosure
On this fileFinal payment exceeds 2x regular — Florida balloon language in the note, not a hallway.
- 16
FIRPTA
On this fileSeller marked as a U.S. person on this file
- 17
Named escrow holder (title or attorney trust)
OpenPurchase money sits with a licensed title company or Florida attorney trust — not SSDF Inc., not Stripe.
- 18
Close mode confirmed with title
On this fileTrue carry at the table — title and the senior must accept paper in lieu of cash.
- 19
First coupon, balloon, 1099-INT calendared
OpenServicer calendar. Balloon 90/60/30. Seller gets 1099-INT, not 1098.
Intercreditor — must be in the paper
Not a hallway yes.
- 01Junior: Note #2 is expressly subordinated. No wrap, no AIC, no subject-to.
- 02Recording order: deed → mtg 1 → PMM 2 → ICA / kicker memo. Not negotiable on this desk.
- 03No CLTV sneak: cash down is the only CLTV lever. Resizing the first just resizes the second.
- 04Senior-default notice: days bargained, not a fake statute.
- 05Seller right to cure and add the advance to Note #2: days bargained.
- 06Standstill as the lender form requires — not a 90-day seller veto of the first.
- 07Insurance and tax with the first; loss-payee order lender then seller.
- 08Kicker dies on senior foreclosure. Recovery is Note #2 principal + accrued interest.
- 09Notice addresses = servicer + both counsel. Not a Gmail. Not a kitchen table.
- 10ICA before the warranty deed records.
Florida Bar Lawyer Referral: floridabar.org/public/lrs
Where the money sits
Outside this app.
Funds are held and disbursed by TBD — licensed title or Florida attorney trust, not by SSDF Inc. or StackDesk. Cash-to-close is the check the buyer brings to that table. Stripe is not a Florida escrow agent.
Florida closing money is held by a licensed title company / title agent (Fla. Stat. § 626.8473), a Florida attorney trust account, or — earnest money only — a licensed broker. Stripe is a card processor. Use it later if SSDF Inc. charges for software. Do not use it for price, stamps, seller payoff, or the gap funder.