{"id":39967,"date":"2013-03-19T16:37:44","date_gmt":"2013-03-19T22:37:44","guid":{"rendered":"https:\/\/www.biggerpockets.com\/renewsblog\/?p=39967"},"modified":"2021-03-16T10:00:38","modified_gmt":"2021-03-16T16:00:38","slug":"2013-03-19-exit-strategies-defaulted-notes","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/2013-03-19-exit-strategies-defaulted-notes","title":{"rendered":"Nine Exit Strategies When Dealing With Defaulted Notes"},"content":{"rendered":"<p>After you buy a defaulted note, you could always contact the borrower and act like a traditional bank, but if you do, expect the conversation to go adversarial rather quickly. What do you expect when you tell someone, &#8220;If you don&#8217;t pay up, we&#8217;ll just Foreclose and you&#8217;ll have to get out\u2026&#8221;?<\/p>\n<p>Yes &#8211; but there is a better way.<\/p>\n<p>Want the \u201cmagic formula\u201d for talking to a borrower who isn\u2019t paying his or her note. It\u2019s simple, just ask:<\/p>\n<ol>\n<li>&#8220;What happened?\u201d<\/li>\n<li>\u201cWhere are you at now?<\/li>\n<li>\u201cWhat would you like to do?\u201d<\/li>\n<\/ol>\n<p>I\u2019ve always had much more success &#8211; financially and emotionally &#8211; when I understood the financial situation of a borrower. Think about it, when you know your tenant has a good job and a happy home, don\u2019t you worry less? Doesn\u2019t that make you feel safer when you think about cashflow?<\/p>\n<p>For us, the initial conversation with the borrower generally sounds like this: \u201cDo you want to stay or go? I think I can help you with either decision. Look at me as your advocate. \u00a0If nothing else, I think I could save you from having a foreclosure on your record.\u201d I\u2019ve always felt that it\u2019s good to stress that \u201cour legal department will be moving forward until something is worked out,\u201d so the borrower knows foreclosure isn\u2019t something you want to happen, merely that it\u2019s the only option left on the table if there is no communication or if a favorable deal for both parties can\u2019t be agreed upon.<\/p>\n<p>If the conversation is strained in the beginning, we train our asset managers to say, \u201cListen, even if we agree to disagree, just give me five minutes to show you how I&#8217;ve helped other families in situations like yours and if you don&#8217;t want to talk to me after that I&#8217;ll never bother you again.\u201d This usually gets the borrower to start listening, which is sometimes the hardest part.<\/p>\n<p>Once a dialogue is established, we then proceed to go over some of the homeowners&#8217; options by telling them stories of how we&#8217;ve helped other families, utilizing solutions like the following:<\/p>\n<h2>Nine Strategies To Help You Get Paid<\/h2>\n<ul>\n<li><b>Discounted Loan Payoff<\/b> \u2013This is when you accept less than the face value of the note for a payoff. \u00a0We always offer homeowners an opportunity to pay off their loans without incurring the additional late fees and penalties that have been added. \u00a0An example would be, if you paid $20,000 for a second mortgage with a face value of $50,000 and you contacted the borrower by mail and said,\u201d if you pay $30,000 in the next 60 days, the loan will be considered paid in full.\u201d\n<p>This is a major strategy employed by low equity note buyers.The conversation with the homeowner might go something like this: \u201cThere\u2019s a family I helped in Oregon where they were able to access their 401K penalty-free because they were in Foreclosure.\u201d What if the person doesn\u2019t have a retirement plan? Then we could say, \u201cMaybe you\u2019re qualified for the friends and family program.\u201d Then I would go on to tell a story of a family in Delaware I helped where they didn\u2019t have a retirement account, but the borrower\u2019s uncle offered to pay the discounted loan payoff amount.<\/p>\n<p>If they don\u2019t have ANY friends or family that could help, the next option might be more practical\u2026<\/li>\n<li><b>Reinstate Loan<\/b> \u2013 The delinquent loan is considered reinstated when the amount of money needed to bring the past due loan current has been paid. \u00a0This is also called \u201carrears.\u201d \u00a0Sometimes a partial reinstatement or discounted arrears plan is put into place with the homeowner. If they\u2019re on the fence about putting money towards arrears, we point out that the more they pay off the arrears, the better offer we can make with length of terms, payment amount, etc.<\/li>\n<li><b>Payment Plan<\/b> \u2013 Sometimes called a \u201c<span style=\"text-decoration: underline\">Loan Modification<\/span>\u201d or a \u201c<span style=\"text-decoration: underline\">Forbearance Agreement<\/span>\u201d.\u00a0 Many loans have more than one exit strategy and I describe this as \u201cmoving in all directions at once.\u201d \u00a0It\u2019s better to employ several options to exit the deal until the first viable one appears.\u00a0 A typical plan example is a payment plus arrears like described above. \u00a0This plan would typically spread the reinstatement amount over a defined number of months along with the regular or reduced payment.<\/li>\n<li><b>Refinance<\/b> \u2013 Another typical plan instituted with a delinquent borrower is a full or partial reinstatement and regular or reduced payments with the goal of <a href=\"https:\/\/www.biggerpockets.com\/mortgage\" target=\"_blank\">refinancing<\/a>. \u00a0This could take up to twelve months of re-performance and would usually require sufficient equity in the property. \u00a0These plans come in an infinite number of combinations, but of course they all require that the borrower must be able to start making payments. \u00a0If a refinance is not a viable option, you may assist the borrower with credit repair or by hiring an attorney to do a loan modification on the senior lien and help by providing a corporate advance.<\/li>\n<li><b>Seller Assistance<\/b> \u2013 If the borrower can\u2019t afford to stay in the property, you could assist them by helping to pay for the Realtor, a mover, a down payment or even rent for a new place.\u00a0 You could also allow them to stay in the property and buy them some time until the property gets sold.\u00a0 You could even pay the homeowner if they were to find you a buyer or tenant.<\/li>\n<li><b>Deed in Lieu of Foreclosure<\/b> &#8211; If the homeowner cannot afford to stay in the property and there\u2019s little or no equity you could offer them an administration fee, often called \u201c<span style=\"text-decoration: underline\">Cash for Keys<\/span>\u201d, if they were to sign over their deed (their ownership rights) to you. The \u201cFresh Start Program\u201d is when you provide them with a portion of their equity in the property, up front, as a means to make a fresh start and move on from their current situation.\u00a0 Please note this program is only available on the condition that there\u2019s equity in the property. \u00a0These types of programs can save the Homeowner from having a foreclosure on their credit.<\/li>\n<li><b>Foreclosure <\/b>\u2013 This is when a mortgaged property enters into the possession of the mortgagee without right of redemption by the mortgagor, usually for reason of delinquency of mortgage payments. \u00a0Many times you\u2019ll initiate foreclosure to get a borrower to surface because it\u2019s always better to exit working with the borrower. \u00a0This is only used as a last resort to protect your interest.\u00a0 You can even work things out with the borrower after foreclosure in some cases.\u00a0 That said, all notes are purchased under the premise of having to use foreclosure as an exit.<\/li>\n<li><b>REO<\/b> \u2013 Real Estate Owned, the final stage of <a href=\"https:\/\/www.biggerpockets.com\/rei\/foreclosure-process\/\" target=\"_blank\">foreclosure process<\/a> when the bank or lender (you) takes back the property.\u00a0 Then you usually sell the property (\u201cAs Is\u201d) to recover your investment. \u00a0You can then try to liquidate quickly by contacting investors through a National REIA group (Real Estate Investor Association), or a BPO Realtor (oftentimes you can use the real estate agent who did the drive-by appraisal when you first bought the note) or REO broker (<a href=\"http:\/\/www.REOredbook.com\" target=\"_blank\" rel=\"noopener\">www.REOredbook.com<\/a> is a great source we use)., If you want a top agent, you can use a Realtor with the CRS designation (Certified Residential Specialist \u2013 <a href=\"http:\/\/www.CRS.com\" target=\"_blank\" rel=\"noopener\">www.CRS.com<\/a>, the top agents in the country).<\/li>\n<li><b>Sell the Note<\/b> \u2013 Whether re-performing or non-performing, you can sell the note since it\u2019s an asset and that\u2019s always an exit. One of the best ways we\u2019ve found to sell re-performing notes is by offering some type of warranty or discounts. You can find note buyers all over the country; some of the best places to go are local REIA or Meetup groups. There is also a large amount of buyers online with places like <a href=\"http:\/\/loanmls.com\/\" target=\"_blank\" rel=\"noopener\">LoanMLS<\/a> and a variety of LinkedIn groups. And like raising private money or investing in general, you can also create a market of note buyers simply by educating people of the advantages of owning notes.<\/li>\n<\/ul>\n<p>So what options do you give the borrower? Comment below with tips and techniques you do!<br \/>\n<font size=\"-2\">Photo: <a href=\"http:\/\/www.flickr.com\/photos\/51845556@N00\/156975448\/\" target=\"_blank\" rel=\"noopener\">just_a_name_thingie<\/a><\/font><\/p>\n","protected":false},"excerpt":{"rendered":"<p>After you buy a defaulted note, you could always contact the borrower and act like a traditional bank, but if you do, expect the conversation to go adversarial rather quickly. [&hellip;]<\/p>\n","protected":false},"author":807,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5527],"tags":[],"class_list":["post-39967","post","type-post","status-publish","format-standard","hentry","category-commercial-real-estate-investing"],"acf":[],"comment_count":0,"_links":{"self":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/39967","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/users\/807"}],"replies":[{"embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/comments?post=39967"}],"version-history":[{"count":0,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/posts\/39967\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/media?parent=39967"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/categories?post=39967"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.biggerpockets.com\/blog\/wp-json\/wp\/v2\/tags?post=39967"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}