Paperwork for 1st position loan for as hard money lender

Paperwork for 1st position loan for as hard money lender

Real Estate Investor · Burnaby, British Columbia · Member since 2017 · 23 posts · 4 votes
I purchased a property this year. Was having rehab work done, but project and budget has gone off the rails. Seller will buy back the property and assume all debts going forward. I will hold a first position loan for the money already invested/spent on the property and project. Seller will continue to complete rehab and take on project as their own now. What type of paperwork would I need to engage this first position mortgage - debtors will be an LLC and personal guarantees of two people. Loan type will be interest only for 18 months. When I take a loan I normally sign 20 to 30 pages of nonsense. Hoping I can use something less burdensome. State is Ohio. One debtor lives in a different state, other one in state (does that matter?). I live out of the country (not in USA). I will use a title company to register the loan. He has given me a sample of a statutory mortgage document that he says I can use, which is no more than a half a page and is very simple - too simple it seems...with no mention of debtor obligations, personal guarantee stuff, etc.? If you can recommend the correct approach, level of debtor documentation to use, links to documents I can look at or download, that would be a good start. Thanks in advance!
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Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
6y

Please do yourself a favor and use a lawyer to protect your interest and make the buyer pay for loan doc prep fee. It's that easy. 

You don't want to try to save a few hundred bucks and then have a mortgage that is either non compliant or not enforceable.

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  • Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
    6y

    Please do yourself a favor and use a lawyer to protect your interest and make the buyer pay for loan doc prep fee. It's that easy. 

    You don't want to try to save a few hundred bucks and then have a mortgage that is either non compliant or not enforceable.

  • Lender · Ladera Ranch, CA · Member since 2014 · 1k+ posts · 1k+ votes
    6y

    @Henry Der I know that you mentioned that you like the inexpensive, simple route but I believe you really need to engage with an experienced real estate attorney to draft your docs because of the additional complications that you listed. Simple is ok when everything goes as planned. When the situation is complicated with several moving parts and things go south, a well crafted document will save you and be worth the money you paid for it.

    At minimum, you'll need a Note and a Deed of Trust or Mortgage depending on what state the property is in. You'll need to add the personal guarantees into the note or as addenda.

  • Andrew PostellPro Member
    Lender · Fort Worth, TX · Member since 2016 · 8k+ posts · 6k+ votes
    6y

    @Henry Der the title companies I work with have an attorney on staff.  They draft the notes for me in scenarios like this.  So if the title company you have does not employ an attorney...I might suggest going through a different attorney.  In Ohio you should have both a "NOTE" and a "DEED OF TRUST" for something like this.  Hope this helps.

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