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Updated 9 months ago on . Most recent reply
Deed of Trust and Note for Private Lender?
I have an opportunity to raise capital with a private individual at a flat interest-only rate as a way to reduce interest charges and eliminate origination and service fees. I'm looking for ways I can "protect" this private lender.
In theory, this is what I'm proposing -- I'll fund 20% and cover closing and rehab costs. Private lender will wire ~80% to my business bank account shortly before close. In essence, it is a cash offer. I am assuming I can write the offer as cash, so long as the private funding is guaranteed otherwise I may put my EMD at risk. For non-auction properties, I'm assuming the title company can draft the deed of trust and promissory note and record at close? After all, most lenders just use the standard Fannie Mae template... For auction properties, I'm assuming once I purchase a property I can draft and record the deed of trust following recordation of the conveyance?
Then, upon resale, does this private lender simply inform the title company of the payoff?
Is there anything I'm missing?
Thanks!
Most Popular Reply

- Lender
- Lake Oswego OR Summerlin, NV
- 64,353
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Ok this is how you do it for court house steps.. the investor provides your cashiers checks. some will charge you to use them like 250.00 or something.. if you dont win you simply bring the checks back and give them to the bank and your out 250.00 or they dont charge you at all.
then when you win the bid to secure the lender you simply have the trustee's receipt name your lender as the buyer.. so he is secrured the deed comes back in his name then you simply reverse the ownership and record a mortgage.. U can have the receipt in yours and his name as well but this is how I have done it when I am giving money for auctions.
- Jay Hinrichs
- Podcast Guest on Show #222
