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Contracts Ny Real Property LawCoop_vs_condo_contractsHARD

Amanda owns a cooperative apartment that she wants to use as collateral for a business loan. Her banker explains the limitations of using co-op shares as collateral. What is the primary challenge with using New York cooperative shares as loan collateral?

Correct Answer

B) The proprietary lease and bylaws may restrict the transfer or pledging of shares

Many cooperative proprietary leases and bylaws contain restrictions on the transfer, assignment, or pledging of shares without board approval. These restrictions can make shares less attractive as loan collateral since lenders may face difficulties in foreclosure or enforcement situations.

Answer Options
A
Cooperative shares have no monetary value and cannot secure any type of loan
B
The proprietary lease and bylaws may restrict the transfer or pledging of shares
C
State law prohibits using cooperative shares as collateral for non-real estate loans
D
The cooperative corporation must approve all loans secured by shares

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Related Topics & Key Terms

Key Terms:

coopcollateralsharesrestrictionsbylaws
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