The Defeasance Process
3 Day Closing Process
A defeasance transactions closes over three days because of the purchase and settlement of the defeasance collateral securities. The three-day closing encompasses a securities purchase day, a funding/delivery day and the final closing day where the defeasance closes simultaneously with the underlying real estate transaction.
Purchase (“Circle”) Day
- Servicer counsel confirms receipt of executed defeasance documents
- Servicer counsel confirms receipt and approval of all borrower documents
- Capital Defeasance Group models final portfolio of securities and provides list to Accountants for final approval
- Capital Defeasance Group verifies that sale/refinance funding is imminent
- Borrower authorizes Capital Defeasance Group to purchase the securities portfolio Securities purchased through a competitive process to ensure best possible pricing
- Servicer Counsel overnights all original release documents required for closing to the Title Company

Delivery/Funding Day
- Servicer Counsel distributes final closing instructions to borrower and Title Company for execution
- Title Company confirms receipt of original release documents
- Securities broker confirms delivery of all securities (i.e. no failed deliveries)
- Title Company verifies that funds have been wired into escrow
- Any and all remaining issues are resolved by end of day so Servicer Counsel and Title Company can proceed with closing
Closing Day
- Capital Defeasance Group transfers securities from broker/dealer to Securities Intermediary (into custodial account)
- Securities Intermediary confirms receipt of securities and inform working parties and Servicer Counsel via email
- Servicer Counsel instructs Title Company to disburse funds to Securities Intermediary for securities settlement.
- Securities Intermediary confirms receipt of funds via email to working party and Title Company
- Servicer Counsel instructs Title Company to finalize Closing
- Title Company closes escrow/records/disburses all remaining funds
Capital Defeasance Group helps borrowers prepay their conduit loans. We work with you as the borrower’s independent advocate throughout the defeasance process, offering reliable closings, guaranteed lowest cost portfolios and returning cashback through the Defeasance Refund™. Our team has extensive experience with defeasance and with acquiring, operating and selling commercial real estate, so we know your transaction. Contact us to see why we should be Your Defeasance Partner™.
Call Us Toll-free: 1-(866) DEFEASE (333-3273)
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