When you are the lender, YOU are in charge. It sounds obvious, but you would be surprised how often borrowers forget it, and how often lenders let them.
We are living this right now with a non-performing loan we acquired. The borrower has decided they are running the show. They want cash for keys based on full property value, are ignoring default interest entirely, and are claiming that because we bought the loan at a discount, that discounted price is all they owe us.
Let's clear that up fast. It doesn't matter what we paid for the loan. The borrower signed a note for a specific amount with specific terms. That obligation doesn't shrink because the loan changed hands. We are their current lender, and the contract is the contract.
Cash for keys at full property value isn't a negotiation. That's a ransom demand. And going silent on default interest doesn't make it disappear.
This situation comes down to one thing: discomfort with conflict causes lenders to lose their leverage. Be professional, be firm, document everything, and remember that foreclosure isn't a threat. It's a legal right.
The lenders who get walked on are the ones who forgot who was sitting in the driver's seat.
How do others deal or handle this?
Curious - How does the borrower know what you paid for the loan?
Curious - How does the borrower know what you paid for the loan?
Curious - How does the borrower know what you paid for the loan?
@Jay Hinrichs - they don't know what we paid so they just guess and assume that we didn't pay full price
@Chris Seveney I've noticed a somewhat similar sentiment with borrowers in general over the past year or so. Do you think this is tied to the current market environment? From what I personally have experienced, a lot of this behavior is linked with unrealistic expectations, which seems to circle back to experience level and when they entered the real estate market. I've noticed that this seems to be most prevalent with investors who got started after Covid.
It wouldnt shock me if the lender-borrower dynamic is also being influenced by the lender saturation relative to transaction activity right now. It seems like lenders are bending over backwards and running razor thin margins to stay afloat, so I guess that this creates some type of impression that borrowers can set the terms.
When you are the lender, YOU are in charge. It sounds obvious, but you would be surprised how often borrowers forget it, and how often lenders let them.
We are living this right now with a non-performing loan we acquired. The borrower has decided they are running the show. They want cash for keys based on full property value, are ignoring default interest entirely, and are claiming that because we bought the loan at a discount, that discounted price is all they owe us.
Let's clear that up fast. It doesn't matter what we paid for the loan. The borrower signed a note for a specific amount with specific terms. That obligation doesn't shrink because the loan changed hands. We are their current lender, and the contract is the contract.
Cash for keys at full property value isn't a negotiation. That's a ransom demand. And going silent on default interest doesn't make it disappear.
This situation comes down to one thing: discomfort with conflict causes lenders to lose their leverage. Be professional, be firm, document everything, and remember that foreclosure isn't a threat. It's a legal right.
The lenders who get walked on are the ones who forgot who was sitting in the driver's seat.
How do others deal or handle this?
EXACTLY!
I always set the expectation upfront. Everything from closing times, approval, fees, rates etc.. is always laid out clearly in writing.
I find that the more ambiguity there is, the more likely you risk a borrower giving you a tough time and trying to take control of the situation.
If you have clear expectations, clear guidelines, clear deadlines, there is not ,much to question.
A lot of this stems from the false impression that there are hundreds of lenders the borrower can choose from and have their way. It does not work this way unfortunately. If the borrower is a bad apple, the industry is small and word spreads very quickly.
A few things. I'm not sure how they knew you bought it at a discount. Who told them? That's not public record and, frankly, it's none of their business. When we started in 2008, we made the conscious decision to never pay cash for keys. We can look people in the eye and tell them we've never done it and never will. That doesn't mean we can't waive the deficiency balance for leaving the property in "broom-swept condition". There's a lot of power in not having a foreclosure show up on a credit report. If they cooperate with us, then we cooperate with them.
@Doug Smith - according to one borrower, they were speaking to a prior lender. But most of them just Google it and find that they're traded at a discount. One of them I said that is great. Where do you think I have to pay my salaries, my overhead, etc.
I think I'd rather have that than the borrowers who know how to game the system, or at least who hire an attorney that does. And in a state that offers borrowers the ultimate in protection against creditors.
I have a foreclosure that's been going on in PA since 2021. I kid you not. It first started with the owner who used everything conceivable under the sun, namely the "Save Your Home" program and using Legal aid. We eventually got a judgement but unfortunately she passed away. The heirs to the property hired another attorney and going through the same process with save your home program, and then the reconcilation conferences only happen twice a year. Part of the requirements for the recon conf is demonstrating that you as the lender have offered Loss Mit. Well for the last 3 times the borrower has claimed they didn't receive the package so the magistrate automatically reschedules another. This despite our lawyer (who's just bending over) allegedly sending it to them.
Anyhow, vent over, but I can definitely sympathize with you.
I think I'd rather have that than the borrowers who know how to game the system, or at least who hire an attorney that does. And in a state that offers borrowers the ultimate in protection against creditors.
I have a foreclosure that's been going on in PA since 2021. I kid you not. It first started with the owner who used everything conceivable under the sun, namely the "Save Your Home" program and using Legal aid. We eventually got a judgement but unfortunately she passed away. The heirs to the property hired another attorney and going through the same process with save your home program, and then the reconcilation conferences only happen twice a year. Part of the requirements for the recon conf is demonstrating that you as the lender have offered Loss Mit. Well for the last 3 times the borrower has claimed they didn't receive the package so the magistrate automatically reschedules another. This despite our lawyer (who's just bending over) allegedly sending it to them.
Anyhow, vent over, but I can definitely sympathize with you.
I have one where the loan was in the parents name, went to a child, child (who is an adult) 5 BK's later, and 6 years of knowing how to game the system hopefully is on their last leg. Yep those who know how to game the system are far worse.
I think I'd rather have that than the borrowers who know how to game the system, or at least who hire an attorney that does. And in a state that offers borrowers the ultimate in protection against creditors.
I have a foreclosure that's been going on in PA since 2021. I kid you not. It first started with the owner who used everything conceivable under the sun, namely the "Save Your Home" program and using Legal aid. We eventually got a judgement but unfortunately she passed away. The heirs to the property hired another attorney and going through the same process with save your home program, and then the reconcilation conferences only happen twice a year. Part of the requirements for the recon conf is demonstrating that you as the lender have offered Loss Mit. Well for the last 3 times the borrower has claimed they didn't receive the package so the magistrate automatically reschedules another. This despite our lawyer (who's just bending over) allegedly sending it to them.
Anyhow, vent over, but I can definitely sympathize with you.
I have one where the loan was in the parents name, went to a child, child (who is an adult) 5 BK's later, and 6 years of knowing how to game the system hopefully is on their last leg. Yep those who know how to game the system are far worse.
You’re right on enforcement, but the framing is off.
“You’re in charge” is only true if you’re actually willing to execute.
Otherwise the borrower isn’t confused—they’re testing your boundaries.
From their side, this is rational:
That’s not disrespect. That’s negotiation under distress.
Where lenders lose leverage isn’t conflict avoidance—it’s unclear escalation paths.
If the borrower doesn’t know exactly what happens next, on what timeline, and at what cost, they fill that gap with their own narrative.
The shift is simple:
“Here’s where you are in default.
Here’s what accrues from here.
Here’s the timeline to cure.
Here’s the foreclosure path if not resolved.”
No emotion, no debate—just progression.
Cash-for-keys only works when it’s priced against your alternative (time, legal cost, asset condition), not theirs (property value or your basis).
The lenders who don’t get pushed around aren’t louder—they’re predictable.
Once the borrower realizes the outcome is governed by process, not conversation, the tone usually changes fast.
When you are the lender, YOU are in charge. It sounds obvious, but you would be surprised how often borrowers forget it, and how often lenders let them.
We are living this right now with a non-performing loan we acquired. The borrower has decided they are running the show. They want cash for keys based on full property value, are ignoring default interest entirely, and are claiming that because we bought the loan at a discount, that discounted price is all they owe us.
Let's clear that up fast. It doesn't matter what we paid for the loan. The borrower signed a note for a specific amount with specific terms. That obligation doesn't shrink because the loan changed hands. We are their current lender, and the contract is the contract.
Cash for keys at full property value isn't a negotiation. That's a ransom demand. And going silent on default interest doesn't make it disappear.
This situation comes down to one thing: discomfort with conflict causes lenders to lose their leverage. Be professional, be firm, document everything, and remember that foreclosure isn't a threat. It's a legal right.
The lenders who get walked on are the ones who forgot who was sitting in the driver's seat.
How do others deal or handle this?