Repercussions of Defaulting on a Hard Money Loan

Repercussions of Defaulting on a Hard Money Loan

Investor · Fort Worth, TX · Member since 2011 · 1k+ posts · 450 votes

I have been considering the idea of using HMLs in the future. Not that I would plan to, but I was hoping some of the HMLs or folks with experience borrowing from HMLs could describe what happens if you default.

So far, this is my understanding of the use, benefits and risk of using hard money:

1) + access to cash you don't have or do have and don't want to tie up.

2) + Short term financing that can be used same as cash for discounted purchases and expediting closings and ability to purchase properties otherwise not financeable with a mortgage due to property condition.

3) + Short term financing for rehab costs.

4) + Debt that does not count against your debt to income ratio when looking to refinance the property after rehab is complete.

5) + Refinancing terms of HML is typically easier than doing a cash-out refi.

6) – Terms/up front fees of Hard Money demands higher margins on a deal.

7) - Most hard money is for 6-12 months, but mortgage lenders may require up to 12 months seasoning which would create a default on the HML or a fee generated to extend the HML if mortgage lender required 12 months seasoning. (unless you could refi exactly the same day that HML expired ).

8) - One cannot be certain that long term financing will be available for long term hold investors even once seasoning has been satisfied.

9) - Less experienced rehabbers may not have enough experience to flip a house in time or within budget to not default on the loan.

10) - HMLs will require a licensed contractor to do the work so DIYers can't save by doing the work themselves.

So this is my general understanding of Hard Money and how it can work for and against an investor. I may not be right on some or many points - please correct me where I misunderstand.

Ultimately, what happens if you default on the HML and/or can't afford to pay an extension? I assume that the HML takes the property and you loose any cash you have invested in the deal. What other negative repercussions usually happens and/or could happen?

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Lender · Denver, CO · Member since 2009 · 1k+ posts · 597 votes
14y

Hi Brian,
I am a hard money lender in CO, it can be very different in TX.
I agree with all of your positives- of course. But would like to comment on some of the potential negatives

6)- Points and fees can be seen as an opportunity cost. Of course we all ideally invest in real estate with no money out of pocket, but better to pay to do a great deal than not do a deal at all. The larger margins are important for the lender to protect their investment, as wells as yours. If you plan to refinance, the rate and term is going to require some equity, in our market it 75% LTV, we lend 70%

7-8)You can work with a mortgage broker to see what you will be qualified for on the refi, look for lenders with no title seasoning. Without title seasoning you can use HM to acquire and repair, then refi to long term money 30 days after your work is complete. Wash, Rinse, Repeat and keep acquiring rental properties without putting 25% down.

9) Work with a lender that wants you to be successful. I look at every clients deal to ensure they will be profitable, there are always unknowns but another set of eyes on a deal doesn't hurt.

10) In our business as long as the repairs make sense and the dollars allocated are appropriate, I have no problem with the investor doing their own work.

Most HML's do not report to credit on the loan, too short of a term and too much work to report. Although in the event of a default it is a full foreclosure and it will affect credit.

The secret is, in 99% of loans the lender doesn't want the property and will probably work with you to extend. If you are priced right and understand the business there is no reason a loan should go to term.

See this reply in the discussion

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  • Investor · Kalamazoo, MI · Member since 2009 · 1k+ posts · 495 votes
    14y

    You hit the nail on the head. If you are a HML and your borrower defaults, the property is usually your only recourse. This is why HML's have lower LTV requirements.

  • Investor · Fort Worth, TX · Member since 2011 · 1k+ posts · 450 votes
    14y
    Originally posted by Marc Faulkner:
    You hit the nail on the head. If you are a HML and your borrower defaults, the property is usually your only recourse. This is why HML's have lower LTV requirements.

    Thanks for the repsonse Marc.

    I also wanted to know what other repercussions could occur. For example, consumer creditors will report you to the credit bureau for the amount owed plus whatever inflated fees associated with the delinquent account they think they can get.

    If an HML forecloses on a property, do they also have punitive fees that they hold over you after the foreclosure? Do they report to the credit bureaus? Do they sue for the difference if they can't unload the foreclosed property for what they have lent on it?

    I am just trying to get to know more fully what I am getting into with hard money, so I know: A) if I should even consider approaching an HML and B) what to expect from a typical HML contract.

  • Lender · Denver, CO · Member since 2009 · 1k+ posts · 597 votes
    14y

    Hi Brian,
    I am a hard money lender in CO, it can be very different in TX.
    I agree with all of your positives- of course. But would like to comment on some of the potential negatives

    6)- Points and fees can be seen as an opportunity cost. Of course we all ideally invest in real estate with no money out of pocket, but better to pay to do a great deal than not do a deal at all. The larger margins are important for the lender to protect their investment, as wells as yours. If you plan to refinance, the rate and term is going to require some equity, in our market it 75% LTV, we lend 70%

    7-8)You can work with a mortgage broker to see what you will be qualified for on the refi, look for lenders with no title seasoning. Without title seasoning you can use HM to acquire and repair, then refi to long term money 30 days after your work is complete. Wash, Rinse, Repeat and keep acquiring rental properties without putting 25% down.

    9) Work with a lender that wants you to be successful. I look at every clients deal to ensure they will be profitable, there are always unknowns but another set of eyes on a deal doesn't hurt.

    10) In our business as long as the repairs make sense and the dollars allocated are appropriate, I have no problem with the investor doing their own work.

    Most HML's do not report to credit on the loan, too short of a term and too much work to report. Although in the event of a default it is a full foreclosure and it will affect credit.

    The secret is, in 99% of loans the lender doesn't want the property and will probably work with you to extend. If you are priced right and understand the business there is no reason a loan should go to term.

  • Investor · Fort Worth, TX · Member since 2011 · 1k+ posts · 450 votes
    14y

    Travis, Thank you very much for the input. I am by no means trying to paint any type of negative light. I am mostly just trying to see what the "worst case scenarios" are when dealing with Hard Money. I didn't mean to put the risks as "negative" persay. I understand that any type of gain involves risk and I would agree that there is a definite cost to NOT taking risks. But I am also an engineer - we deal in factors of safety!

    So far, if everything just went to crap, it looks like the worst potential situation (barring unusual circumstances) would be a foreclosure on the credit and I assume a judgement for any monies the HML could not recover from liquidating the forclosed property.

    I am not saying this is common place, but I spoke earlier today with a real estate agent that works with investors and recommends an HML. He relayed a story to me about an HML that was not cooperating with a client on an extension (in a typcial situation where an extension wouldn't normally be an issue) and that it appeared that the deal was so sweet the HML kind of DID want the property. I don't know the details of the deal, though. How common are unscrupulous practices in the HML scene?

  • Los Angeles, CA · Member since 2009 · 717 posts · 50 votes
    14y

    you just have to find the right guy. Some are lenient and good guys and i'm sure you'll find some that are sharks. My hard money lender happens to be good guy and he is always willing to work out things if things go sour from what I've heard. Good luck.

  • Investor · Fort Worth, TX · Member since 2011 · 1k+ posts · 450 votes
    14y

    Although I am very thankful for the info provided in the responses given so far, I'm a little surprised at the lack of interest/input on this topic. To me, this seams like one of the hard questions that needs to be asked and considered to make a fully informed decision when borrowing money.

  • Flipper/Rehabber · Louisville, KY · Member since 2008 · 1k+ posts · 1k+ votes
    14y

    Well, it is not really that difficult a question. The answers have summed it up well.
    You are way overthinking it. The risk is the same as with any mortgage, you can lose the property and get dinged on credit and maybe a deficiency.
    Your risk with an HML is probably less though because, they are more likely to work with you to extend and restructure than a bank, they don't just dump properties they have taken back like a bank may so they would possibly have less chance of delinquency and the equity cushion should be greater so less chance of the worst case scenario.

  • Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
    14y

    You default, the HML takes the property. End of story. Its no more complicated than that. You hand it over quietly with a deed-in-lieu and that's probably the end of it. You force a foreclosure and you bet it going to get reported onto your personal credit report and the lender is going to come after you for any shortage.

  • MI · Member since 2011 · 228 posts · 75 votes
    14y

    Look for smaller private lenders to work with. We make hmls and only had to foreclose once in GA. The guy got a rude awakening. His temporary tenant just moved out so he stopped making payments. He didn't return our emails until he got contacted by our attorney. Claimed he was hospitalized due to his diabetes. We checked his BP profile, he was active each and every day he claimed he was in the hospital.

    Since then, we only lend to repeat borrowers with a track record. People who aren't "dipsticks". We work with the same borrowers over and over again. I have no problem extending a loan for an extra point or so if there is a good reason.

    Good Luck

    PG

  • Lender · Tyngsboro, MA · Member since 2009 · 3k+ posts · 2k+ votes
    14y

    Jon and Phillip pretty much nailed it.

    If you get in trouble and are doing your best to get the HML his/her capital back, you're going to have less trouble in the long run. If you stop communicating, they are going to bring out the big guns and after foreclosure, will go after you for the difficiency, since you signed personal guarantees.

    If you borrow from loan-to-own lenders, you can expect to lose the property over the smallest default. If you borrow from reputable HML's it's a relationship business, and they don't want to go to foreclosure. Make it easier on them, and they will probably make it easier on you.

    It's worth it to find the reputable lenders in your area and establish an ongoing relationship, not to try to squeeze out every last half point in a deal.

  • Investor · North Richland Hills, TX · Member since 2011 · 789 posts · 403 votes
    14y

    Quick side bar...not all HML's report to the bueareus....bureuas bureas....how the hell do you spell that stupid word?! BEUREUAS Bue...whatever....not all HML's report to the credit peeps....most small ones don't, so all you do is lose the house.

  • Riverside, CA · Member since 2010 · 92 posts · 28 votes
    14y

    Do you think you may be focusing too much on the risks?

    I have borrowed a lot of Hard money, I work really hard at buying with good margins and always have a plan "b". If the deal is good enough there are always multiple ways to resolve whatever problems may come up; private money may be one of them.

  • Chandler, AZ · Member since 2016 · 109 posts · 56 votes
    9y

    Hi all, 

    I know this thread is super old but I cam across it searching around on google for info on syndication. So quick question. I understand that if everything goes horribly, the HML gets the deed and in a perfect situation the HML gets their preferred return and then a breakdown of the profits following the preferred return. My question is, what happens at breaking dead even? Is the HML guaranteed that preferred return? So in that case the non-HML has to come up with 6-8% of the invested cash and walk away? I guess this comes down to the specifics of the deal drawn up..but is that typical to guarantee that preferred return?

    Thanks!

  • Real Estate Agent · Las Vegas, NV · Member since 2015 · 2k+ posts · 1k+ votes
    9y

    It is simply a loan like any other except is it ususally interest only if you default the lender is entitled to his past due payments penalties and interst and the cost of taking back the property A break even is highly unlikely unless all the prior condtions of the loan was met 

  • Investor · Litchfield County, CT · Member since 2017 · 54 posts · 9 votes
    9y

    Hi all - I'd like to add a question, if you all don't mind.  

    From the perspective of the HM Lender,  assume:  

    • - The  borrower pays regularly for 9 months, but then defaults.
    • - Default interest rate of, say,  25% kicks in thereafter
    • - Loans remains unpaid for the following 12 months (well beyond the extension point) before HML finally is able to foreclose and sell the property for a healthy profit

    Questions:

    1. 1. Does the HML get to keep ALL the profits, even those above & beyond what he/she is owed in interest & principal?
    2. 2. Does HML get to also add in extension fees/points to what he/she is owed?
    3. 3. Does all the Default Interest, that accrued at 25% beginning after the Default, get included into what the HML is owed?
    4. 4. What if HML can only sell the Property with enough cushion to cover repaying his/her principal and only a little extra interest, but not all, and certainly not all the extra interest that accrued at the default interest rate. Does the HML get to claim a tax-write off for all the interest  (including the default interest & extension-points) that was not paid?
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