What do you want Mr. Notebuyer?

What do you want Mr. Notebuyer?

Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes

I'm going to sell a condo down in Palm Desert California that I fully remodeled. I want to sell it with owner financing to facilitate a fast sale (lot of inventory in the desert and market time is VERY slow). Asking price will be around 300k (which is at or a bit above the FMV). Then I want to sell the note. Before doing so I'd like to know exactly what notebuyers are looking for so that I know how to structure the note.
This is what I'm considering: 20% down, carry the paper on 240k; 6% interest; principle/interest loan; 8 year term/amortized for 30 years with balloon payment at the end; 2 year prepayment penalty; will season note for 6 months.

Is this desireable? Acceptable? If not, please give me your feedback so that I can create the optimum note to facilitate a quick sale.

Also would a note like this be bought at par or is a discount expected? If discount expected what would be the approximate discount required?

Thank you in advance.

Alfred

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Dion DePaoliPro Member
Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
14y

We are buyers of performing, sub/re performing and non performing notes on a nationwide basis. Here is some insight from our wheel house.

It was only briefly mentioned and I want to put more of an emphasis. The collateral (real property) will be re-evaluated and a conservative value will be used. We and most of the pro's we work with use 30 day quick sale value from national BPO companies. No buyer is going to "push" the value up. The down payment on the loan is good and I would not lower it since this is a private loan.

The interest rate is pretty low for the loan being private. A common theme I see sometimes from REI folks is they think they have to compete with banks/lenders. Don't do it, your loan in its nature is riskier, you are not experienced at this and the borrower will be lesser grade more often then not. As I think Bill mentioned 9.0% is a nicer number, I would not go lower than 7.25%. You can write the loan with an interest only feature to it as well. A higher interest rate will reduce the new buyer discount in the event the borrower goes delinquent by missing a payment or two whether consecutive or in the life of your ownership.

Don't confuse yourself with a bank nor should you assume you should write a loan that looks conventional with its terms. Any borrower who can be approved for a conventional loan will just go get one. That should be fine with you, your paid in full and don't have to mess with a loan. This also provides an incentive for a borrower to look to refinance if rates persist over the next two or three years. As such, I would not put a pre-payment.

As far as credit goes. Everyone knows the better the credit the better. This also goes hand in hand with my point, a borrower with a higher credit score say 680+ should be talking to a bank/lender, not you. I would presume your borrower is more of a lower credit score. This could be "OK". We buy low FICOs all the time. Folks who recently came out of a foreclosure and need a new start or divorce or other life situations which given some time and rehabilitation should be able to get their score back up and go to a bank/lender. I would try to keep the minimum to 600+ but you never know if someone comes in and wants to put more money down or some other compensating factor. Be prepared to weigh all of the parameters.

The balloon is a tool that you need to use as safety net. I would set the balloon somewhere in the ballpark of 24 to 36 months. I think this ties back in with the borrower profile you will end up with. Help push them to get you refinanced out. This will also help keep some value in the loan if you sell later in the loan life. Some buyers will buy this for the chance of default by maturity and it should help you reduce the discount on UPB if he is performing. In example, if he is paying and you sell with 12 months left a 5.0% UPB discount on a 7.25% interest going to put a little less then 12.0% IRR on the table for an investor/buyer if he refinances out. The maturity time will attract some folks to jump in and see if he goes into default and take a gain on the foreclosure.

Regarding pricing. In general being a private loan you will most likely never see anything close to par or 100% of UPB. 6 months is probably close to 82% to 85% of UPB, 12 months plus you should be able to find 85% to 92% of UPB. (UPB = Unpaid Principal Balance) In the event he goes delinquent one or two times you can discount those numbers by an additional 5% to 10%. If he has more delinquencies or ends up in default you can expect to see a much deeper discounts. The good news is California non-performing bids tend to still be on the higher side of the rest of the nation because of the non-judicial foreclosure practice.

None of that is an offer to buy your loan or is meant to be any formal offer. It is meant to give you general market insight. As Bill mentioned, get some experienced folks on your side to help originate and not a bad idea to continue to find note investors to bounce the loan terms and structure off of as you move forward.

Good luck.

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  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    All very good and helpful feedback from you all. Much appreciated.

    Bill Gulley: "And, it was mentioned above that you use an originator with secondary market experience..."

    Not being familiar with this area, if we did decide to sell with owner financing, how do I find an originator with secondary market experience? Are you referring to a loan or mortgage broker who would draft the promissory note, ensure that fairness existed on both sides, ensure that all was legal, etc?

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    Yes, you have the right idea. IMO, a mortgage broker who originates secondary market loans, like fannie/freddie/FHA/VA who would also do such notes would probably be best. Reason is that a broker would be in a position to stay in tune with the deal to refinance it later on. If you could find a mortgage servicer that services private notes they too are generally set up to originate a note and refinance it or buy it. There are several and fees vary. This is all something we did before it ever became a requirement.... for almost 18 years.....but that's another story.

  • Dion DePaoliPro Member
    Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
    14y

    Alfred Bell, it will still be a good idea for you to get a licensed real estate attorney involved to help protect your interests.

    A mortgage firm as suggested is in the business of underwriting loans funded by other investor's money or their own funds. Their role with you is more of compliance of loan file. Not to be confused with protecting your liability. Firms as described would have on staff on site certified delegated underwriters opposed to mortgage processors.

    The firms to avoid are mortgage firms that only broker loans between borrowers and lenders. Not to say they are no good, but just to ensure you have a qualified set of eyes looking at your loan file and making sure it has everything it needs inside.

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

    You can write the loan with an interest only feature to it as well. A higher interest rate will reduce the new buyer discount in the event the borrower goes delinquent by missing a payment or two whether consecutive or in the life of your ownership.

    IF you write the note at interest only you will positively KILL the value. This is BAD advice and I suggest that you and the other on this board avoid writing interest only loans and killing the value of your notes.

    Also-I have no clue what you are talking about when you say, "a higher interest rate will reduce the new buyer discount in the event the borrower goes delinquent by missing a payment or two weather consecutive or in the life of your ownership." What in the world are you talking about?
    ----------------------------------------------------------------------------------------------

    The balloon is a tool that you need to use as safety net. I would set the balloon somewhere in the ballpark of 24 to 36 months. I think this ties back in with the borrower profile you will end up with. Help push them to get you refinanced out. This will also help keep some value in the loan if you sell later in the loan life.
    ------------------------------------------------------------------------------------------------

    The above advice regarding balloons is also way off the mark and will cost you money if you go to sell a note that is structured with less than a 5 year balloon in this market. DO NOT do it! Thy are looked at as defaults waiting to happen and predatory.
    -------------------------------------------------------------------------------------------------
    Some buyers will buy this for the chance of default by maturity and it should help you reduce the discount on UPB if he is performing. In example, if he is paying and you sell with 12 months left a 5.0% UPB discount on a 7.25% interest going to put a little less then 12.0% IRR on the table for an investor/buyer if he refinances out. The maturity time will attract some folks to jump in and see if he goes into default and take a gain on the foreclosure.
    ------------------------------------------------------------------------------------------------
    Say what? Will you please give us more insight and wisdom as to what you are talking about above?
    ------------------------------------------------------------------------------------------------
    Regarding pricing. In general being a private loan you will most likely never see anything close to par or 100% of UPB. 6 months is probably close to 82% to 85% of UPB, 12 months plus you should be able to find 85% to 92% of UPB. (UPB = Unpaid Principal Balance)
    ------------------------------------------------------------------------------------------------
    The above regarding pricing is the most laughable! 82 to 85% on notes with only 6 months seasoning???? IF you could come anywhere close to this you should be retired by now with a line of hungry note holders banging on your door to sell...... Who's leg are you trying to pull here?
    -------------------------------------------------------------------------------------------------
    In the event he goes delinquent one or two times you can discount those numbers by an additional 5% to 10%.
    -------------------------------------------------------------------------------------------------
    So are you saying that you can get anywhere close to 70 cents on the dollar for non performing notes? IF so we need to talk and we need to talk FAST! I know where there is enough that we could sell together and, BOTH retire by the end of the year!!! Seriously.
    --------------------------------------------------------------------------------------------------

    None of that is an offer to buy your loan or is meant to be any formal offer. It is meant to give you general market insight.

    --------------------------------------------------------------------------------------------------

    I am not trying to be rude but, I can't help my comments. Your "general market insight" is general market wrongsight and certain death to the value of any notes created, using the structures suggested above. I will take any heat deserved for my comments and stand ready to defend them........ DO NOT take any of the advice above, IF you intend on selling your note(s) for top dollar in this market. What worked a year or so ago is not working right now. I know:)

  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    Wow. Now I'm really confused. Was hoping for clarity and understanding.

    Can anyone suggest a proven, reputable firm or person that I can go to here in SoCal who I can consult with to advise me on how to properly structure a loan/note to do this owner carry on this Palm Desert condo?

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

    You are getting some great advice right here Alfred. Just take the good and leave the bad!

    You DO NOT want to write an interest only note at any cost and, you DO NOT want to structure your note with any less than a 5 year balloon. This is predatory and a default waiting to happen.

    Your rate should be at or close to 9%.

    You should try to get as close to 20% down as possible.

    Use a third party to close your transaction.

    Use a third party to service your transaction.

    Keep the amortization period as short as possible while still making sure the payment is affordable.

    Sell to someone that will occupy the property vs. someone that will be renting it to others.

    I have been in the note business since 1999. We work with many investors nationally and have plenty of contacts in S Cal. I will be happy to help you structure your note, right here on this board so that everyone can see. You can also call me personally anytime.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    14y

    Loc R. is in Cali and might can help also as a note specialist.

    http://www.biggerpockets.com/users/solidreturns

    I think it's important to differentiate when talking notes between the age of the note,the kind of note residential or commercial,and whether the note is performing or non performing,and whether that note is originated by a private party or a bank etc.

    There are times when a note sells for 85 cents on the dollar but it is usually Class A properties or part of a bulk note sale from bank to bank where they do averaging of the pool.

    I am not an expert AT ALL on note sales.This is just what I am observing.Private notes with issues and little to no seasoning are getting nowhere near 85 cents unless there is a ton of equity left over compared to value.

    In that case the risk is less as you still foreclose and are likely to get the full 100% plus penalties and interest.

    Many sellers are trying to solve a problem with an impossible answer in their minds as the solution.So you have to show them to be realistic and what will work.They either come down to Earth or keep the head in the sky for a little longer.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    Very good points Marc and 4 cents more....lol

    Put a loan file together of sorts, verify income and credit, have the borrower address any credit issues,why they were late and why it won't happen again.....for example, late payments arising from a divorce and now happily married again with additional income....etc.

    Use a broker, and for some change on the deal get an independant appraisal of the property ordered by the broker, not you. You or the buyer can pay for it. Note buyers are collateral sensitive and the cost will help ease concerns.

    Follow what Marc just outlined and consider taking him up on his offer!

    But before you can do the details, you need a buyer/borrower....

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    14y

    Marc has delivered!! Nicely done.

    Can I have the info on where to find these buyers please?:
    "6 months is probably close to 82% to 85% of UPB, 12 months plus you should be able to find 85% to 92% of UPB." If so, I will move 100% into note selling as the profits I can make selling at these numbers will allow me to retire in about 9 months!

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

    Lol Bill Gulley and Will Barnard!!! Dion DePaoli - please quit confusing the members here with your mumbo jumbo and "expertise" in note creation. I have NEVER, EVER heard anyone in the industry recommend and interest only note. 3 year balloons are a big problem also. Why are you advocating this?

    Alfred Bell follow what Bill says and make up a loan file as you go along in your transaction and make sure this is as close to what a real lenders file looks like as possible. Make your note as bread and butter and as close to or slightly better than a conventional lenders, with the rate being the one exception. Keep your rate fixed but, do not cave on the rate just because you want to sell the property quickly. This is one of the biggest mistakes I see in note creation. I would suggest that you don't need a local note professional. Most of them-well-they are not so professional to say the least and the industry is chock full of late night TV seminar graduates, wannabees, frauds, fakes and phonies. Everyone knows someone that knows someone that knows someone and, nobody seems to know anything at all for real!!!

    Yes there are others here and there that buy a few notes for their own accounts. They can give you some great advice on how to set up things the way THEY like to them but, this advice might not hold any water with how the note would be priced in the REAL market.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    Hmmm, Marc, I think you might have mistaken my comments, I don't believe I advocated any IO note or a 3 yr balloon. In fact, the SAFE Act provisions mention fully amortized notes with restrictions of balloon terms.

    Such can only be determined after underwriting the borrower and their capacity, you can't act as a bank and shove a loan product across the desk and say.....this is the perfect loan for you.

    Before you can advise on any specific terms you need a borrower. You can generalize, but saying a 7 yr balloon is better is impossibe until we have a borrower to underwrite.

    Now come on, the ain't my first radeo....LOL

  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    Marc Faulkner:
    Excellent suggestion, and very gracious of you. I also support your suggestion of doing it on this forum for everyone's edification.

    Based on what I've learned thus far, let me lay out my idea of how the note should be structured and what features it should have and then I'll present it to you (on this forum) for advice, correction, omissions, etc.

    Once done, we can then speak on the phone to handle the remaining details and fine tuning, with the end product of me being able to go into action on this.

    Upon the completion of this action we should work out some form of compensation.

    Got a lot going on today so please give me some time to go over the data I've accumulated and make my next post.

    NOTE: I am also very grateful to everyone else that has given of their time to give me their input. It will all add up to my being successful in this endeavour.

    Alfred

  • Dion DePaoliPro Member
    Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
    14y

    Marc Faulkner I can appreciate your opinion.

    First I will tell you we are active in whole loans both managing portfolios and working with our clients. What I described as I started out my post was a look into our wheelhouse. We are buying and have been buying in line with what I suggest. We do not passively invest in loans and are extremely active in the disposition process of our loans.

    1. Interest Only Comment - we are not bidding any additional discount for an interest only feature. The principal reduction on a short term is not large. I see your side of concern.

    2. Maturity - the loan pools we have purchased and advised on have had target life cycles of 36 months or less. Most of the folks we deal with and talk to do not have 5 year money. The shorter maturity passes the option of disposition along to the new investor. It also keeps the burden over the head of the borrower to work on refinancing out. Some folks will indeed purchase this with the hopes of a default while collecting the cashflow.

    3. The math - Loan Amount = $240,000; Interest Rate = 7.25%; Remaining Term = 12 months. Assume (for the sake of example) Property Value (Static) = $300,000

    95.0% Purchase Price = $228,000 (76.0% Investment to Value)

    12 payments @ 7.25% Payment Collection = $17,400 (7.63% yield)

    In the event of default and foreclosure: Est. Net Proceeds = $42,000

    Foreclosure Total Collection = $59,400 (26.05% ROI)

    The foreclose may be caused by maturity and inability of borrower to refinance out. Obviously the yield would be reduced if the borrower defaults and does not pay full 12 months. A deeper discount would also be applied to the purchase level. Additional expenses may be incurred for LPI, VHI, taxes, property preservation, etc, the ROI is reference only here. Further it is likely the disposition timeline would go out closer to 24 months to complete foreclosure and sell the property.

    In the event the borrower pays 12 months and refinances:

    UPB Discount = $12,000
    Payment Collection = $17,400
    Refinance Total Collection = $29,400 (12.89% ROI)

    4. Bid Levels - those are bid levels we are seeing and delivering. Perhaps since there is some math above it is a little clearer now.

    5. Delinquency vs Default - let's make sure our definitions match first. Defaulted loans are loans which are more then 90 days past due. Delinquent would be less than 12 months payments in the last year.

    Non Performing Loans are loans which are past due more then 90 days. Sub Performing Loans are loans which are not yet past 90 days late and by proxy have not gone a full 90 days past due. (Spotty pay history is sub performing)

    In my example, I said "In the event he goes delinquent one or two times you can discount those numbers by an additional 5% to 10%. " -- so that is not a "non performing loan" it is sub performing

    6. Further discount for delinquency - "add 5.0% to 10% if the pay-string goes spotty."

    Already cover it is not a NPN. What I think you forgot about the loan of topic is it is 80% LTV at origination. There is definitely a UPB to collateral value relationship, which I don't think I missed.

    For reference here is the Bid Level / Investment to Value:
    (UPB % / ITV %)
    95% / 76.0%
    90% / 72.0%
    85% / 68.0%
    80% / 64.0%
    75% / 60.0%

    7. "So are you saying that you can get anywhere close to 70 cents on the dollar for non performing notes? IF so we need to talk and we need to talk FAST! I know where there is enough that we could sell together and, BOTH retire by the end of the year!!! Seriously. "

    - California non-performing loans, we are seeing trade for 65% to 72% of 30 day quick sale value. California enjoys a short foreclosure time and foreclosure expense is not through the roof. Time value of money and capital expenses into the loan do allow for these bids. If you have some cashflow on the asset you will see a higher bid.

    - So if you have a legitimate pile of loans, sure we can chat.

    8. My market insight - no harm in questioning things if that is not what you see. I would suppose the counter-parties we are dealing with or the market circles are a little different. I have been the Vice President of Whole Loan Trading and Senior Portfolio Manager of a hedge fund for the last several years prior to opening up our own firm. I am in the market on a daily basis with mid to large level institutional investors and private equity firms. We manage and advise on acquisition and disposition of loans for a living. We have developed and deployed proprietary technology for whole loan trading and management. We have worked with many mortgage servicers and know many folks in the business. Prior to that I was the Director of Operations for a conglomerate correspondent commercial and residential mortgage company, title company and appraisal company. None of what I posted was made up from fairytale land and I would hope you no longer find it...."laughable"

    9. Will Barnard, I know you were most likely trying to be sarcastic but I am not sure you caught the math either. Perhaps a couple more months of doing what you are doing still.

    10. Alfred Bell, I am sorry if what I posted confused you or if Marc's questions about my post confused you. Certainly, that was not the intent. In threads you will have differing opinions and strategies. I think everyone had your best interest at heart. Good Luck.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    14y

    Dion DePaoli - No, I caught the math just fine, one of my strong points. Sarcasm, yes, but not really, if I could actually sell my notes with UPB for 90%+, I would all day and make a ton, so if you are willing to purchase notes at your quoted figures, I am all ears!

  • Dion DePaoliPro Member
    Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
    14y

    Will Barnard feel free to connect with me and let's chat. We are happy to give you some bids. Marc Faulkner same to offer to you. Thanks.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    14y

    I'm sure seeing alot of marketing hype here that is simply off line. I believe I'm the only guy here who has ever provided appraisals of privately financed notes and installment agreements for any state government. That took some doing to show proficiency not only in the maket but in finance. Anyone who makes a basis for any valuation upon a corporate entity investing or in a particular market is just off balance, skewed toward their interests and limited investor pool. I've done thosuands of these things and actually, was thinking of writing the book on notes. Marc has given the basis for providing a good note (with my 4 cents worth) at the beginning stages. The basics. You can not fine tune any note without a buyer/borrower, so this is really getting to a point of argument for marketing and opinions. I mean really! I could cutsome statements apart, but I won't.

    To say that someone who has mastered marketing hype, a dash of finance, some office lingo and repeated news flashes is an expert would be misleading. It's hard to find a note broker with expertise I'm sure. Don't base it on anything about a large company, servicing pool or even a dollar amount of business as many are taught in the corporate structure and that's all they really are aware of.

    All I will say is that Im sure that there are several brokers here that migh be able to help the OP, use them all......get bids!!!

  • Investor · Kalamazoo, MI · Member since 2009 · 1k+ posts · 495 votes
    14y
    Originally posted by Bill Gulley:
    Hmmm, Marc, I think you might have mistaken my comments, I don't believe I advocated any IO note or a 3 yr balloon. In fact, the SAFE Act provisions mention fully amortized notes with restrictions of balloon terms.

    Such can only be determined after underwriting the borrower and their capacity, you can't act as a bank and shove a loan product across the desk and say.....this is the perfect loan for you.

    Before you can advise on any specific terms you need a borrower. You can generalize, but saying a 7 yr balloon is better is impossibe until we have a borrower to underwrite.

    Now come on, the ain't my first radeo....LOL

    I was not referring to you Bill and, would not think that you advocate any type of IO notes with 3 year balloons. I was referring to Dion's recommendation of this structure. If I typed your name by mistake-it was probably 4 in the morning!!! Sorry about that:) In my opinion a 5 to 7 year balloon is ok but, a fully amortized note is better.

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

    Bill Gulley -the lol was regarding your comment "my four cents worth." I got a kick out of that:) The rest of the post was not in any way directed towards you other than a friendly lol!

  • Investor · Kalamazoo, MI · Member since 2009 · 1k+ posts · 495 votes
    14y
    Originally posted by Will Barnard:
    Dion DePaoli - No, I caught the math just fine, one of my strong points. Sarcasm, yes, but not really, if I could actually sell my notes with UPB for 90%+, I would all day and make a ton, so if you are willing to purchase notes at your quoted figures, I am all ears!

    I am with Will on this point Dion. I can cover you up with product at this pricing and would LOVE to retire.

  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    Ok, I've cleared my plate and I am now sitting down to outline the note structure (based upon what I've learned thus far) and then you and I Marc can whip it into shape so that it best serves my particular needs. (I understand that some of the note's features will be set in stone, based on my requirements, and some will be open to negotiation with a potential buyer/borrower in order to make a sale happen.)

    Feedback from others during this process is ok with me as long as it is ok with Marc.

    Note: The conversations that you experts are having between yourselves is over my head, yet, I did understand the part about being able to retire in 9 months as a result of the deals that are available. So, since I started this thread, count me in on all these fast profits as well! (Joke)

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    14y

    Alfred Bell - LOL :)

  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    Sorry guys. I got derailed with other business. I'm back and I'm working on my next post. Will post tonite before going to bed. Thanx for your patience.

  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    Marc Faulkner: Here is my submission for the note based on advice I've received from you and other members of this forum, as well as from a few other advisors. Below this, I've also listed administrative requirements and comments and questions. I put question marks after points I'm uncertain about.

    I understand that some of the points will be mandatory (ie. 20% DP) and some will need to be negotiated with the buyer/borrower in order to facilitate a sale. I'd like to clarify which will be negotiable.

    We're reducing the asking price on this condo to 290k. I believe that this is at the top range of the FMV. Our plan is to first offer this condo with owner financing on all FSBO sites and other non-realtor channels, in the hope of being able to do a transaction without realtors (saving on commissions). If unsuccessful, we will then list it on the MLS through a flat fee broker, for broader exposure, and pay the 3% commission to any realtor who brings us our buyer.

    Ok, let's create the optimal note...

    STRUCTURE OF PROMISSORY NOTE:

    1) 20% down payment
    2) 9% interest
    3) 8 year term, with balloon payment?
    4) Loan amortized at 30 years?
    5) Principal and interest payments (not "interest only")
    6) Due on sale clause
    7) No prepayment penalty
    8) Late charge of 6% of the payment amount if paid 10 or more days late
    9) First payment due the day loan is funded
    10) Am I forgetting anything?

    ADMINISTRATIVE REQUIREMENTS FOR NOTE AND SALE OF CONDO:
    1) Borrower fills out a Form 1003 loan app?
    2) Borrower must have good credit history and FICO above 600?
    3) First trust deed and promissory note required.
    4) Make a large title company like Fidelity or First American the trustee on the note.
    5) Have the note originated by a loan broker?
    6) Have the note administered by a loan servicer.
    7) Have borrower pay the setup fee and monthly servicing fee for loan servicer?
    8) Have loan servicer prepare and send out the annual "interest paid" statement to borrower.
    9) Instead of having loan payment made in arrears (30 days after loan is funded) have first payment made the day loan is made in order to season the note faster.
    10) Use escrow office so have documents to prove this was a valid transaction (escrow instructions, certified copy of HUD 1, proof of down payment, credit app and report, etc.)
    11) Am I forgetting anything?

    COMMENTS AND QUESTIONS:
    A) My money partner would be content to hold this note for a year or two and collect the payments. The idea is that he might post it for sale after 6 months but not sell until an acceptable offer comes along. We will probably also run ads in local papers in an attempt to sell to a lay person (eg. a retiree who wants to get their money out of a 1% CD or treasuries) as opposed to investors or professional note buyers.
    B) Based on current mortgage rates, 9% just doesn't seem realistic to me. Who would pay that? (I was originally thinking 6% and thought that would be considered to be too high.)
    C) How do I find a proven and reputable loan originator who will do this? And what sort of fee can I expect for this?
    D) What features of the note should be open to negotiation with the borrower in order to close a sale?

    Thanx,
    Alfred

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

    Alfred Bell The rate, term, down payment, monthly payment, sales price, date of first payment due, it is ALL negotiable!!! To offer a property for sale using seller financing, you are jumping into the people business. People have all kinds of wants and needs-same as you. You need to get X amount of money out of this property and, you are flexible (as you indicate by your willingness to seller finance) as to how you go about doing that as long as the deal works for you and your investor-yes?

    I would not totally lock yourself up on the rates, terms, sales price, late fees, date of first payment, down payment or most any of the things you mention above. The idea here is to open up the market and move this property quickly at terms you and a borrower can both live with. As Lonnie would say, "it's all reasonable and negotiable folks." You're a deal maker-not a deal breaker. There are only a few reasons why buyers are attracted to seller financing. Getting the best rate is not usually a priority. I would not even talk about the rate until you have to. Talk down payments and monthly payments because that is all the folks you are talking to should care about. If it's not, get more folks in the door to look at the place.

    I am sorry if we have over complicated this for you with our going back and forth with each other here. Let's follow the KISS mentality here. I can't get back to your original tread while typing this post but, I am going to assume that you own this in your personal name-is this the case?

    If so-I do not think you need to go through the brain damage of finding a MLO to work with and originate this deal for you. You are an individual in this case, offering one property for sale-yes?

    I would advertise the property all over the place by any means necessary there locally. The key is that you want to line up as many potential buyers as possible. Use Craigslist, the local paper, BiggerPockets, hang a banner on the balcony so that folks driving by can see it-do what ever you can to get the word out there:

    {For Sale By Owner Financing Available-Easy Terms!!! Updated Condo in great neighborhood/close to everything/X beds/X baths/ Call #(XXX) XXX-XXXX}

    Pick a date 2 weeks from the time you start advertising to set up your showing. Make sure that everyone shows up at the same time so that your potential buyers can see there is some competition! Try to get them bidding against each other!!! You are in control over who you decide to work with IF you will give yourself these options. Pick the buyer/borrower who is the most willing and qualified to do things YOUR way. IF they could get bank financing and just pay you CASH-then you might want to listen and do things the buyers way but, ONLY then:) If they want to complain about your rate-NEXT! You are the boss and ruler of your own destiny.

    You now have enough information to be dangerous.

    I would find myself a reputable title company locally if I was you that also has the ability to service the note. Once you find a buyer you can work with, I would have the title company draft the Deed of Trust, note, TIL and other the other docs required for compliance and to make this as close to cookie cutter as possible. Make sure you get a lenders title policy as this will save you a ton of time, when and IF you ever sell the note. Call the local title companies and see who has note servicing capabilities. Ask if the can do seller financed closings with all of the required compliance documentation. I can't imagine this costing over $1,000. I sincerely hope this helps. Don't over complicate this. Stay negotiable. As soon as you demand 20% down you are going to lock out a lot of potential buyers. Leave everything up in the air until you can get the place full of folks tripping over each other to buy. Please keep us posted on your progress.

  • Investor · Clearwater, FL · Member since 2009 · 181 posts · 14 votes
    14y

    Ok, let me digest this and see if I have any other questions. Thanks.

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