What is an estoppel certificate? – David Reecher
An estoppel certificate is a signed statement of facts that cannot later be contradicted by the signer. It is used in mortgage negotiations to establish facts and financial obligations, such as outstanding amounts due that can affect the settlement of a loan. The assessments and payments outlined in the estoppel certificate are incorporated into the amounts due at closing.
For example, an estoppel certificate may be used to assess the existing terms of lease obligations of existing tenants in a tenant-occupied property transaction. The content of an estoppel certificate can vary widely, but it will generally ask the tenants for the following information:
- A copy of the existing lease
- Date of and expiration of the existing lease
- Names of tenants
- Current monthly rent
- Security deposit
- Parking and storage allotments
- Confirmation of standard leasing terms
Once all information is gathered on the estoppel certificate, both the tenant and landlord sign the certificate to attest to its accuracy.