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
Edit on the deskTriangleSourceEmail
  1. 01

    AFR lock

    Open

    Not locked into the file — a 45-day close can drift under the floor

  2. 02

    Senior overlay

    Open

    CLTV 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.

  3. 03

    Parties named

    Open

    Term sheet still needs names before it leaves the building

  4. 04

    Folio / legal

    Open

    Add folio or legal on the term sheet

  5. 05

    Two engagement letters

    Open

    Buyer’s Florida real estate attorney drafts. Seller’s independent counsel reviews.

  6. 06

    Servicer ready day one

    Open

    TBD — third-party required. Kitchen-table collections are out.

  7. 07

    Simultaneous close

    On this file

    Note #1 and Note #2 fund at the same Florida title table on the same day.

  8. 08

    ICA before the deed records

    Open

    Intercreditor is a closing condition, not a follow-up

  9. 09

    Seller marked reviewed

    Open

    Independent counsel has the one-pager

  10. 10

    Commitment typed and locked

    Open

    We do not parse PDFs. Type the lock on the lender pane.

  11. 11

    Insurance escrow

    Open

    Enter annual insurance so PITIA is real

  12. 12

    Free and clear (or paid off at close)

    On this file

    Seller represents no existing mortgage

  13. 13

    Realty only (no operating business)

    On this file

    Investment / land occupancy on this file.

  14. 14

    Occupancy

    On this file

    Investment occupancy

  15. 15

    Balloon disclosure

    On this file

    Final payment exceeds 2x regular — Florida balloon language in the note, not a hallway.

  16. 16

    FIRPTA

    On this file

    Seller marked as a U.S. person on this file

  17. 17

    Named escrow holder (title or attorney trust)

    Open

    Purchase money sits with a licensed title company or Florida attorney trust — not SSDF Inc., not Stripe.

  18. 18

    Close mode confirmed with title

    On this file

    True carry at the table — title and the senior must accept paper in lieu of cash.

  19. 19

    First coupon, balloon, 1099-INT calendared

    Open

    Servicer calendar. Balloon 90/60/30. Seller gets 1099-INT, not 1098.

Intercreditor — must be in the paper

Not a hallway yes.

  1. 01Junior: Note #2 is expressly subordinated. No wrap, no AIC, no subject-to.
  2. 02Recording order: deed → mtg 1 → PMM 2 → ICA / kicker memo. Not negotiable on this desk.
  3. 03No CLTV sneak: cash down is the only CLTV lever. Resizing the first just resizes the second.
  4. 04Senior-default notice: days bargained, not a fake statute.
  5. 05Seller right to cure and add the advance to Note #2: days bargained.
  6. 06Standstill as the lender form requires — not a 90-day seller veto of the first.
  7. 07Insurance and tax with the first; loss-payee order lender then seller.
  8. 08Kicker dies on senior foreclosure. Recovery is Note #2 principal + accrued interest.
  9. 09Notice addresses = servicer + both counsel. Not a Gmail. Not a kitchen table.
  10. 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.