Confirming landowners’ signatory authority is crucial when preparing renewable energy leases or conducting due diligence in a renewable energy financing transaction. It is not enough to rely on a landowner’s word that he or she owns a proposed project area and has the right to encumber it with a renewable energy lease. While some leases include language certifying that the landowner executing the agreement has signatory authority, failing to properly confirm that authority can result in title issues, potentially requiring lease amendments or resulting in the denial of title insurance.
TJ's law practice focuses primarily on real estate transactions in the field of renewable energy. She counsels domestic and international corporations through the financing, investment, property rights acquisition, and development stages of utility scale wind and solar projects.
Prior mortgages are typical due diligence items in the real estate title review process for renewable energy projects. Resolving issues related to prior mortgages is key to establishing a title policy that is satisfactory to lenders and investors while also protecting the project company’s real property assets. The following serves as an introduction to prior mortgages and the mechanisms for resolving them, but every project is unique, so the path forward will necessarily vary from project to project. While the process can be tricky, there are some key strategies that can keep the title curative and development process on track.
Continue Reading Resolving Prior Mortgage Issues on Greenfield Renewable Energy Projects