Private Lending--How It Is Changing My Life AND It Can Yours Too

Private Lending--How It Is Changing My Life AND It Can Yours Too

Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes

So, I get a PM from a mortgage broker in another state asking about private lending. I told him to feel free to ask any questions and he sent me enough to write a book LOL!

Anyways, I want to offer my personal experiences...the good, the bad, and ONE PRETTY DAMN UGLY playing out now...

I started in 2012. I knew NOTHING. My very first customer owned a nice house in Cape Coral. He wanted a ridiculously small amount of money. Today, I would not give that any thought, but being new I said OK. So, his house is worth maybe 80K or so, is free and clear, and he wants around $5700. I wrote the loan. Now, I am getting checks for $61 or so and saying WHOOPEE...I am making money! A few months into the loan, he decided to sell the house and called me first because he owed me money. I wrote a contract and purchased it. 

I believe my second loan was for around 100K. I charged 12% plus 2 points. It paid off quickly, so the annual return was pretty high but I believe I only made about 3K or so.

I did another one for 20% of value. The property was worth 70K and I loaned 14K. VERY safe loan except the FEDS SEIZED it because the idiots were selling meth. They agreed to a sale and I was made whole. I have posted quite some time ago about this exciting experience:)

Most of thesc happened in 2012 or 2013. As time has progressed, I have learned quite a bit about being CAREFUL underwriting loans. No matter how "safe" they are, some will go bad. 

I wrote ONE...tossed ALL caution to the wind (I had done business with this man), and now he has defaulted. This may be my first loser! Fortunately, I only loaned 50something K...and if I end up losing, it won't bury me!

One of the most frequent questions I get is: how much do I need to have to start doing lending?
I won't write anything under 50K, and prefer 100K or more. You can make some VERY HIGH returns if the loans pay off early. I just had one pay off: 100K, 12%, 4 points (rolled into the note at closing), one year, interest only. It paid off in two months which raised the annual return to about 36%. That is a LOT better return that I get owning rentals...and there were NO broken toilets or trouble tenants. 

If you want to start lending:
1. find out your requirements in your state
2. ONLY take 1st lien position
3. make sure you don't lend too much (or you will end up like me...and my first PROBABLE loser loan)
4. make your buyer have skin in the game. No skin=no loan
5. make sure your borrower is/has:
 a. capacity to repay
 b. good collateral
 c. good character

You CAN make some great money doing private or hard money lending. What is the difference? Private lending...you know the borrower, etc. HML..you don't know the borrower. As far as terms, either loan can have very high or low interest terms.

I use my SOLO 401K for lending purposes and am deferring all taxes until I start withdrawing. Lending has NO tax benefits like owning rentals, but used together they may be a constant source of income. Get enough of that...quit your job...and start enjoying life!

11Reply
13 views

Most Popular Reply

Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
9y

JOhn we see so many folks post about wanting to buy NPN.. because they want to ake that 12 to 20% returns... and they have no clue as a one of note investor how hard it is.

when in fact IF ITS LEGAL in their state.. private lending done right will return better returns than NPN all day long with 1/10th of the effort or risk.

See this reply in the discussion

16 Replies

Jump to latestLatest
  • Rental Property Investor · Cape Coral, FL · Member since 2012 · 427 posts · 186 votes
    9y

    Great post John! Someday I hope to move towards the lending side.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    JOhn we see so many folks post about wanting to buy NPN.. because they want to ake that 12 to 20% returns... and they have no clue as a one of note investor how hard it is.

    when in fact IF ITS LEGAL in their state.. private lending done right will return better returns than NPN all day long with 1/10th of the effort or risk.

  • Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    9y

    How much do you expect to lose on the $50K defaulted loan? Is the property worth foreclosing on?

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    @Jeff Rabinowitz

    I am going to foreclose. I may lose up to 10K..not sure. I will incur legal expense, plus the guy didn't pay last years taxes and I had to come out of pocket for those in March to avoid having a tax certificate issued on the property.

  • Investor · Fort Walton Beach, FL · Member since 2015 · 568 posts · 966 votes
    9y

    @John Thedford Thank you for sharing! It's definitely a great way to invest.

    I remember when I just started in REI I was happy getting 10% return on rentals. Now I"m able to offer that return and more, depending on the terms, for private investors who fund our flips.

    My husband and I are also looking into funding a self-directed 401k this year. The plan is to grow that and fund other's rehabs as a private lender. The returns are great and the profits are tax deferred.

    The great thing is, since we do a lot of flips and sometimes sell to other rehabbers, I also get a good insider view into other rehabbers' business. I know who is running their business like a business and who I would consider lending money to. 

    There's this rehabber here who does a reasonable volume and we sold him a property. I found out that he doesn't pay for an owner's policy (title insurance). Now I know I'll never invest with him... Skimping on a $600 expense for a 275k ARV house I believe is short-sighted. I feel bad for his private lenders who probably don't even know.

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    @Jordan Williamson

    Why not borrow money at 6% and lend it out for 16%. That's a pretty strong spread and if you were careful on the loan it would make sense. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Arianne L.  that's the lenders responsibility to require an ALTA lenders policy.. its lending 101..

    if lenders don't understand the basics they should then have an attorney guide them through the process first few times.

    it has zero to do with the flipper not ordering his own title insurance.. not sure why you think that's an issue.. its the lenders responsibility to order it.

  • Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
    9y

    I am glad someone is writing about the bad and the ugly. 

    It's not all smooth sailing with private lending and Buying notes.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Roman M. for beginners your absolutely right.. I always suggest those who want to start in private lending.. hook up with a GREAT local HML that takes on clients.. and watch and learn..

    then you can start to do your own thing.

  • Rental Property Investor · Cape Coral, FL · Member since 2012 · 427 posts · 186 votes
    9y

    @John Thedford sounds like a good plan! 

    On a separate note, can you lend me $200k at 6% ? I'm starting a new business lending to investors :)

  • Investor · Fort Walton Beach, FL · Member since 2015 · 568 posts · 966 votes
    9y

    @Jay Hinrichs My point is the risk profile / character of the borrower/rehabber. Yes, the lender should do xyz. Knowing that this particular borrower will take large risks to save a few hundred dollars, is too high risk for my taste. So I'm confident that we will never lend to them. What other corners would they cut that can come back to bite them and put my money at risk? 

    By the way, there was no mortgage in this particular transaction. Just a cash purchase from our company to theirs. No lender's title policy, no owner's title policy.

    On the bright side, there are great rehabbers that I would lend to. 

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Arianne L.  I think your over thinking this I have bought plenty of property with out title insurance..

    so anyway I guess we see it somewhat differently..

  • Investor · Fort Walton Beach, FL · Member since 2015 · 568 posts · 966 votes
    9y
  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    9y

    @Arianne L.  we know the reason why I have been buying and selling property for 40 plus years..

    all I am saying is that sometimes we buy it without title insurance and that does not make us reckless investors... but for average JOE for sure they need it..

    But in some markets were we are swapping houses for the price of cars its not really necessary.

    Although I have a landlock situation going on right now were I am glad I have have.. 600k worth of property I can't get to.. title company is having to sue for a right away and if they don't get it the have to cut me a 600k check.. and contrary to what any one believes properties CAN be landlocked.

    I would not buy any type of acreage with out title insurance guaranteeing me access to a public dedicated road.  but swapping low end rehab houses... not much risk in most instances.

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    Thanks @Jay Hinrichs...a fountain of knowledge!

    @Arianne L. I always require a lenders title policy. Lenders have the responsibility to make sure they are covered. Note in my post how I may take a small bath? Whose fault is that? MINE--for not being careful and following MY OWN RULES!

    @Jordan Williamson Sounds like a great plan...but...not in my budget at this time. Check back in 2050.

  • Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
    9y

    I would like to do a little update which gives readers a chance to see the thread if they missed it, and to also address a couple of issues raised by BP members.

    After posting, I received a couple of calls regarding HML, how to get started, etc.

    Getting started is pretty easy. You need funds, an attorney to draft documents, and knowledge of what you are lending on. Remember, 1st position only, and NEVER give them 100%. I did, and I will soon take my first loss.

    OK, a question raised by a BP member had to do with licensing, and using other funds or letting others use his funds.
    1. NO license required in FL if you are lending YOUR funds for your personal gain. Here is from the statute:
    494.00115 Exemptions.—

    (1) The following are exempt from regulation under this part and parts II and III of this chapter.

    (a) Any person operating exclusively as a registered loan originator in accordance with the S.A.F.E. Mortgage Licensing Act of 2008.

    (b) A depository institution; subsidiaries that are owned and controlled by a depository institution and regulated by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, or the Federal Deposit Insurance Corporation; or institutions regulated by the Farm Credit Administration.

    (c) The Federal National Mortgage Association; the Federal Home Loan Mortgage Corporation; any agency of the Federal Government; any state, county, or municipal government; or any quasi-governmental agency that acts in such capacity under the specific authority of the laws of any state or the United States.

    (d) An attorney licensed in this state who negotiates the terms of a mortgage loan on behalf of a client as an ancillary matter to the attorney’s representation of the client.

    (e) A person involved solely in the extension of credit relating to the purchase of a timeshare plan, as that term is defined in 11 U.S.C. s. 101(53D).

    (f) A person who performs only real estate brokerage activities and is licensed or registered in this state under part I of chapter 475, unless the person is compensated by a lender, a mortgage broker, or other loan originator or by an agent of such lender, mortgage broker, or other loan originator. The term “real estate brokerage activity” has the same meaning as in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008.

    (2) The following persons are exempt from regulation under part III of this chapter:

    (a) A person acting in a fiduciary capacity conferred by the authority of a court.

    (b) A person who, as a seller of his or her own real property, receives one or more mortgages in a purchase money transaction.

    (c) A person who acts solely under contract and as an agent for federal, state, or municipal agencies for the purpose of servicing mortgage loans.

    (d) A person who makes only nonresidential mortgage loans and sells loans only to institutional investors.

    (e) An individual making or acquiring a mortgage loan using his or her own funds for his or her own investment, and who does not hold himself or herself out to the public as being in the mortgage lending business.

    OK, see (e). That is the exception to the rule. The questions I got from one BP member were "can you lend out money for me". That is a YES or NO answer.
    Can it be done legally? YES! If I borrow money from him, and secure the funds with free and clear property, that would be MY money to do with as I please. I could pay him any interest we both agreed on in the mortgage note. However, if I take his money, lend it out "for him", and charge him any fee, that is mortgage brokering and requires a license. I could also take his money and go on an expensive cruise, but a new Patek Phillippe watch, and hit vegas! I still owe the money!

    If you start lending, it is a good practice to put in your ads that it is private money. You do not want to make the appearance of being a licensed mortgage broker. I had one local mortgage broker call me up telling me she was going to turn me in. I pointed to this chapter, the specific exemption, and never heard a word. If you intend to lend in states besides FL, make SURE you know their laws. Don't take just any advice. If someone offers, ask for the statute, read it, and make sure you are doing the right thing. HML CAN change your life and yield terrific returns. In my previous post, I stated one just paid off that netted about 36% per anum. They called a couple of days ago, and want the money back for another deal. Once you get started and find quality buyers, and prove that YOU are a quality HML, you may find yourself doing deal after deal with them. They know the money IS expensive, but they also know you may be FAST, easy, and reliable.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.