Hi, first, the SAFE Act covers 1-4 family properties, not commercial loans. The CPFA will have a wide swath to cut, but it appears commercial loans by private individuals is not in the path.
If I were buying your note, I would pay more for the note if my yield were higher and able to reinvest that money. The best way to do that is to have a balloon payment in three to five years. So, in my opinon, your 5 year balloon is just right. Secondly, 9% is probably as easy to get as 8.5% and it will give you room to drop the rate if you need to to make the deal.
You really need to look into having the loan serviced, I've ritten about that here several times, it will provide verifications for refinancing as well as selling the note. Servicing takes care of many headaches and the buyer can pay the fee.
Solidreturns has they saying correct, but a note that has a balloon that can not be met is what????
It's a repricing opportunity! Maybe fees to redo the deal for the servicer, certainly the rate, you can shorten the amortization, take interest only, do just about anything you like, it's like new business. If the note had been paid, that money would be reinvested in other notes, please save me the trouble, allow me to modify the existing note and earn the fees and rates I would have under the new business. This is a commercial deal, all is fair in love and commercial deals! Good luck, Bill