Dumb question about buying notes from newbie

Dumb question about buying notes from newbie

Dallas, GA · Member since 2012 · 7 posts · 3 votes

I have around $250k to play with, and I'm considering buying notes off FCI. Can anyone tell me what I'm missing? Many of the 1st position notes (non-performing) sell for a fraction of the value of the property. It seems like I could buy one of these and immediately begin foreclosure proceedings and net a considerable profit. I understand that I'm oversimplifying, and that foreclosure is more difficult in some parts of the country than others, but nevertheless it seems like a no-lose situation. Of course I'd make sure there were no liens or second positions, or if there were that they could be retired and still leave plenty of equity in the property. I know it can't be this simple, otherwise the note holders would be doing it. I'm just wondering what I'm missing....

All this is to say, I don't relish the thought of taking someone's home, and I don't know that I'm comfortable profiting off someone's misfortune. In any case, any and all input is appreciated. Thanks.

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Note Investor · Black Forest, CO · Member since 2011 · 29 posts · 38 votes
13y

When I buy notes in default, a couple things come to mind.

First, I assume I cannot restructure the note to take advantage of the huge discount to benefit myself and the note seller. I try to figure the worst-case scenario and that would be taking legal action to foreclose and gain control of the property.

Thus, I require the large enough discount and a extra-large reserve to absorb the cost and time of foreclosure to acquire title via public trustee deed, gain control and cover the cost of repair, resale and, other unforeseeable expenses because you were not allowed access to the property before you purchase the note (mold, water damage, etc.)

Secondly, I require that the note is secured by real estate I know and understand. For me, that would be SFR real estate. Locally, I have the subcontractors to i bring the property back to marketable condition, I know how to market SFR houses with or without seller financing and local legal expertise if I need it.

In that regard, I would not know what to do with a stripmall… I'm not saying stripmall's are bad investments I just don't know anything about stripmalls. Therefore, invest in what you know.
As they say, the fastest way to lose money is invest in something you don't know anything about.

Third, and this requirement gets more important the older I get,(Ha!) I require that the security to the note is a reasonable distance from my office.

For example, It takes me an hour to drive to the south end of my County, visit with a sub-contractor for an hour, another hour to drive back to the office. Realistically, a half a day is shot. What if the property is three hours away or out-of-state? Then you're hiring out-of-state attorneys, contractors, title company, who don't have the loyalty to you like your local people do. More hassles, phone calls, researching, etc..… Something to think about.

Again, all this is assuming I cannot restructure the note and record a one-page note modification agreement. If this is true, then the note purchase can be a real feather in your cap.

Andrew, I am not telling you what to do but you do call yourself a "newbie" so let me say this; consider starting small so you can make small mistakes.

Good luck and let us know how it turns out. Kent

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  • Note Investor · Black Forest, CO · Member since 2011 · 29 posts · 38 votes
    13y

    When I buy notes in default, a couple things come to mind.

    First, I assume I cannot restructure the note to take advantage of the huge discount to benefit myself and the note seller. I try to figure the worst-case scenario and that would be taking legal action to foreclose and gain control of the property.

    Thus, I require the large enough discount and a extra-large reserve to absorb the cost and time of foreclosure to acquire title via public trustee deed, gain control and cover the cost of repair, resale and, other unforeseeable expenses because you were not allowed access to the property before you purchase the note (mold, water damage, etc.)

    Secondly, I require that the note is secured by real estate I know and understand. For me, that would be SFR real estate. Locally, I have the subcontractors to i bring the property back to marketable condition, I know how to market SFR houses with or without seller financing and local legal expertise if I need it.

    In that regard, I would not know what to do with a stripmall… I'm not saying stripmall's are bad investments I just don't know anything about stripmalls. Therefore, invest in what you know.
    As they say, the fastest way to lose money is invest in something you don't know anything about.

    Third, and this requirement gets more important the older I get,(Ha!) I require that the security to the note is a reasonable distance from my office.

    For example, It takes me an hour to drive to the south end of my County, visit with a sub-contractor for an hour, another hour to drive back to the office. Realistically, a half a day is shot. What if the property is three hours away or out-of-state? Then you're hiring out-of-state attorneys, contractors, title company, who don't have the loyalty to you like your local people do. More hassles, phone calls, researching, etc..… Something to think about.

    Again, all this is assuming I cannot restructure the note and record a one-page note modification agreement. If this is true, then the note purchase can be a real feather in your cap.

    Andrew, I am not telling you what to do but you do call yourself a "newbie" so let me say this; consider starting small so you can make small mistakes.

    Good luck and let us know how it turns out. Kent

  • Dallas, GA · Member since 2012 · 7 posts · 3 votes
    13y

    Thanks for the good advice, Kent. I will take your advice to start small. Any suggestions as to how to do due diligence without ordering a $125 title search on every property I look at? I would, of course, order a title search before making an offer on anything, but it seems impossible to even compare different notes/ investment options without one on every property....

    Any other advice from the members here is more than welcome and much appreciated.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    Most folks I have found in the note business even those passing themselves off as pros miss a very important issue about the legal nature of the creditor's rights for indemnification of debts outstanding. So, all those who think they own a property after a foreclosure as if they purchased it are under the wrong assumption. There is also a difference between notes funded with cash and those from equity in an installment sale. You do note acquire fee simple interest in a property as a note holder from any foreclosure.

    If getting a property to resell at a profit is your game, make sure you can get a deed-in-lieu-of-foreclosure then you can sell without a borrower going after you.

    Deficiency judgments can only be obtained from cash financed notes, not installment or equity funded obligations. Also understand that you will have income from a discounted note when you receive collateral if it is deeded to you or to the amounts collected.

    Since the gurus must not go into these issues I suggest you get with an attorney before getting involved in notes. I saw that due to the fact that I see that basic issues are totally missed by newbies and even some of the vets. With the amount of foreclosures we have had in recent years, attorneys are getting involved at a greater rate and some are learning as well. :)

  • Dallas, GA · Member since 2012 · 7 posts · 3 votes
    13y

    Thanks to you both for the responses. I have my attorney looking for another attorney that deals with this type of thing. He wants to make sure I do this "eyes-open," and this is not his area of expertise. I understand that at some point there will be a taxable situation if I foreclose on a discounted note or if I am paid off. You mentioned a few other things that got me thinking. I was wondering if you could expand on them a little. I know that the process of foreclosure itself does not transfer the property title to me (necessarily), but if no one else shows up at the foreclosure sale offering to satisfy the 1st position lender, isn't this effectively what happens? At that point it seems it would be the same as fee simple ownership. I understand there may be liens that must be satisfied, and presumably this would be factored into what I would be willing to pay for a note. Are there other debt obligations you think I would be obligated to pay?

    Finally, and this is really the reason for the original post, can someone tell me why note holders on in a senior position would sell a non-performing note for 25% of the principal amount owed rather than foreclose? I understand there could be tax liens and such that in some circumstances would make it less than worthwhile to foreclose. Also, in cases where the property values have declined so dramatically that it isn't worth foreclosing I can understand the logic, but it seems most of these deeply discounted notes are on properties worth well more than the asking price of the paper. It's hard to imagine they all have huge tax liens, which I believe are the only liens superior to a first mortgage....

    Thanks again to all, and please keep the great advice coming.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    Not really, if you receive collateral your interest is that not the same as if you purchased a property. Collateral is assigned to provide a guarantee that the lender is indemnified for any loss or repay the debt secured. Your position remains as a collateral interest as long as you hold the property unless limited by state law, say for one year.

    Consider; I own a 500K property that has a first of 350K and you loan me 10K as a second. I pay off the 350K. The only thing I owe is say 8K. I become incapacitated and miss payments for whatever reason. You foreclose. You take the property and sell it for 400K, do you think that 400K simply indemnifies you for your loss.....? No, you have excess equity beyond what you were owed, excess equities go back to the borrower.

    If I had given you a deed in lieu, then that deed is given for the cancellation of debt, just as if I had paid you. In that case you are free to sell for anything and keep it all. Or, hold the property for as long as you like.

    State law generally requires a creditor to give notice as to what collateral was sold for and give an accounting to the extent of the debt cured. State law also dictates what expenses of sale can be applied to the debt. And, the law dictates that a creditor must attempt to sell collateral to satisfy the debt and do so at a fair market value, that is shown by a public sale.

    So, if you don't act in good faith or attempt to profit a borrower can certainly come after you. Violations of fair credit/collection laws can be ten times the amount owed and you could have sleepless nights for three to seven years before you rest easy, depending on the infraction.

    Loans made from equity arising from installment sales are treated differently than cash advances. Failure to pay an installment nullifies the installment agreement, the sale itself. State law will dictate if equities held by a buyer can be recovered in excess of the amounts remaining, that's usually up to a judge. You may not seek any deficiency however from an equity based loan as the property reverts back to the seller from the transaction. If the sale is nullified the price it was sold at is irrelevant.

    Financing is covered under state law as well as federal. There are several aspects of collateralization and disposal under the Uniform Commercial Code and the Fair Credit/Collections laws that apply to note buyers as your purchase of a note is not a personal investment transaction but a commercial business transaction. Buying at a discount is done for profit. While you are not a lender, you are a Servicer and there is not much distinction between the two in many compliance matters.

    There are other surprises too. If your income is significantly earned from buying notes, you may be seen as being in the business of that activity. That means that you may need to comply with business requirements for tax purposes and applicable licensing requirements. This issue can come into play depending on the time and effort you spend in an activity. The best way to find out is inquire with your state finance department concerning compliance.

    How do you get caught in these matters? Usually when you attempt to collect a debt and a borrower cries foul. People die, issues have come up in estate matters. People get divorced and attorneys get involved in the assets and liabilities of the parties. People take bankruptcy and things go under a microscope. And there are other matters where people find they have an issue, maybe like reading forums.

    Have banks and note holders violated these requirements.....sure they have! But, in the past we have not had the attention paid to foreclosure matters as we have recently, borrowers are more aware and so are attorneys. The note gurus may not mention these aspects, even if they are aware of them as most I know of in the business are not really finance types, they may have been Realtors or salesmen. I'm not saying they intentionally leave things out but they may not be aware as many get in the business just like you.

    Not trying to scare you away from the paper game, but you need to go in with your eyes open as you said. When you buy a note you are standing in the lender's shoes, not that of a real estate investor. It is a very lucrative business and considering, pretty safe when you are in compliance and have the necessary knowledge. The note business is really rather easy.

    Good to hear your attorney is seeking a specialist in this area. :)

  • Rental Property Investor · Atlanta, GA · Member since 2012 · 256 posts · 64 votes
    13y

    Really interesting topic, wanted to jump in and ask;

    Bill, so basically if i buy a note, it is in my best interest to work out payments with the borrower rather than forclose; if i do, i should only expect to get back what the face value of the note is, right? (unless i convince the homeowner to give me a deed in lieu?)

    By the way, kudos for continually giving the "truth" on these subjects without the pie in the sky crap. Very hard to find out the hurdles and headaches to strategies, (which i am more interested in) then always getting the sugar-coating from seminars and gurus.

    Andrew; check out gcccsa.org for finding lien information for georgia property.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    There is an old saying in banking, "You can never make a bad loan good". The question is maybe not to make it good, but performing to get out of it. I have always tried to modify a troubled loan or non-performing note and usually with very good success, but it's not as good as it was under the original terms.

    If you bought a discounted note you can certainly foreclose and obtain the note balance plus allowed expenses, doing that, you should be making money from the discount.

    If you obtain a property that did not sell at foreclosure you should have the names of investors to clean out any inventory. That sale clears you of wearing a lender's hat. You are then free to finance, refinance the property or take any trades that may arise.

    You can also clear a collateralized property by selling it at par or the amount owed plus costs, or less, if that sale meets the definition of market value without expecting problems. It could be wholesaled in other words. Just need to justify the sale as to your obligations.

    Getting the deed is by far the best route to go. You can spare the borrower credit issues, give cash for keys, or cut any deal you like on privately held notes.

    For example, I'd make arrangements to take an interest with the deed, allow them to stay or move, make repairs and update then sell and work out a cash for keys deal.....everyone wins.

    Making lots of money legally and without being a vulture is pretty easy to do with notes. Just gotta know the ropes. :)

  • Rental Property Investor · Atlanta, GA · Member since 2012 · 256 posts · 64 votes
    13y

    I like that scenario...you don't have to go through the trouble of reinstating a modified loan and praying that it performs, but at the same time, your not being an ambulance chaser and forcing folks out of their homes left and right.

    I would agree that the first thing after buying the note, though, would be to try to get the deed to secure your interest/rights, then work on offering homeowner options. I think i would sleep better at night, lol

  • Flipper/Rehabber · Louisville, KY · Member since 2008 · 1k+ posts · 1k+ votes
    13y

    I have looked at FCI exchange several times and have not seen what I consider to be attractive deals.
    Can you give me an example of a deal you actually saw?
    Most of the deals I see are on houses that are worth way less than the original loan amount. So much that they appear to be mortgage fraud situations. I see that alot on the south side of chicago where a lot of the Illinois listings are.

    Just be careful that you are not fooled into buying something just because it is 15% of UPB. That really means nothing. You have to take a hard look at value and what value will be at the end of a long foreclosure process. Don't be naive about what these people do to their properties. It is horrifying sometimes.

    Also because of the fairly fixed nature of legal costs in a foreclosure, the lower price the property the more of a discount they will sell at. In other words, say a foreclosure costs $5000 in fees in your area. On a percentage basis, that is much greater for the $30,000 houses I often see on FCI vs the 200,000 house you might prefer.

  • Note Investor · Black Forest, CO · Member since 2011 · 29 posts · 38 votes
    13y

    Hello Andrew,

    Most folks I have found in the blogging business, even those passing themselves off as blogger gurus, miss a very important concept these days and that is, quick to judgment is a fault not a quality denoting witt. As it has nothing to do with truth, just assumtion so beware.

    Believe it or not, I did receive the property via public trustee deed after sheriffs sale…

    I have had to foreclose on only a couple seller-financed notes purchased and created, over the years because the payer on the note, dropped off the face of the earth. Yes, people do strange things.

    Even though it was mentioned that get a deed-in-lieu-of-foreclosure as a matter of ease.

    It is hard to get a deed-in-lieu-of-foreclosure when the payer disappears.

    All the other note defaults and defaulted notes I purchased, I was able to restructure to both the note payor and my advantage.

    Andrew, to preempt assumptions, my term“advantage,” does not mean screwing the payor out of money.

    Servant leadership is a very rewarding aspect of any business. Especially the one-on-one aspect of working with payors and note sellers.

    To answer your question about ordering a $125 title search and ordering a title search before making an offer on anything:

    In Colorado, we used to to order an O&E (owners and encumbrance report) at no expense but but now title companys are required to charge for the service.

    It seems each state has their own term for this uninsurable report/search. Please note, and this is very important, the search is not insured thus, it cannot be relied upon but it does give you a “quick and dirty”.

    For your referance, some practical “in the field” techniques not known by professional blog gurus that works well for me:

    Make all your offers “subject to, appraisal, title, credit and document review”. Then order your title search after you get the commitment from the note seller to sell the note. You’ll save all kinds of time and money.

    Mr. Lucas, that is the "truth" on the subject without the pie-in-the-sky "crap" as you put it. Hope that helps.

    Yes, absolutely have a good real estate attorney help you with this transaction.

    First, research the topic yourself so you can talk to the attorney knowledgeably for your own continuing education and not waist time and money. One other thing, research and a knowledgeable conversation gives you credibility to your attorney for the right step forward.

    Andrew, after you talk to your attorney you will quickly realize why note gurus must not go into these issues in a blog post and that the acedemic “technical detail” info received thus far falls way short of the topic issues.

    Why? There is just too much information to be told in a blog post that relates to your particular situation.

    But keep searching, that is good strategy.

    Sincerely, Kent

  • Dallas, GA · Member since 2012 · 7 posts · 3 votes
    13y

    Wow. This is more feedback than I could have hoped for. Thanks for all who have taken the time to respond. I honestly did not realize that a first-position lender had any obligation to return any proceeds above what satisfied the payoff back to the defaulting borrower. Not that this is of huge consequence to me, as I could hardly complain if I bought a note at a discount and was able to sell the property and receive face value of the note. I certainly do not like the idea of being a "vulture," and it really is not my intent to start throwing people on the street. On the other hand, it seems like some of the best deals can be had on non-performing notes, and sometimes it would likely be necessary to foreclose when all else fails. NPNs just appear to be an overlooked opportunity by many who prefer to buy performing notes for the monthly return or to flip. In my backwards way of thinking, NPNs offer a greater opportunity for a strong return and seem the most appealing, assuming, as Eric points out, that the home has enough value to justify the investment in the paper. Also, I should stress, that I do not intend to foreclose on anything, but I'm a worst-case scenario kind of person. As long as I know the collateral can be used to satisfy my investment in a worst-case, I am comfortable making the investment. Ideally, I would buy a note with a high interest rate, and offer the seller 50% or less of the unpaid principal. I would then offer to restructure the note by adding missed payments to the term, and to refinance by cutting the rate in half. If I bought a $100k note for $50k and cut the interest from 10% to 5%, I would think the borrower would be thrilled, and I'm effectively still making around 10% on my money, as I'd be earning 5% on $100k, but I'd only have $50k invested. I know it is oversimplified, but is a scenario like this possible?

    To answer Eric's questions about which notes on FCI appear to be worth investing in, I would answer that I don't really know yet. I have found several that appear to be worth a fair amount more than the asking price of the note (maybe not as much as the original principal, but more than the seller is willing to accept). At a glance (this was the fourth one listed under non-performing notes on the FCI nationwide search, so I have by no means vetted this or given it more than two minutes of thought. I think it does illustrate that opportunities are out there, though), http://www.fciexchange.com/FLORIDA/Residential/Non-Performing/0010474.html appears to have 33% LTV if the seller would part with the note for 15% of the $59k principal balance ($8,850). While I haven't done an appraisal, it appears homes in that area are worth around $30k. If I offered to reduce their interest to 3.85%, and tack missed payments onto the end of the loan, and if they really want to live there, I would think they would be thrilled. If not, I could surely recover my $8,850 in a foreclosure. Best case scenario would be they stay and accept the modified payment, and I would earn 3.85% on $60k, while only putting $8,850 at risk.

    I'm braced for the blowback, so please fire away with any and all criticisms to this approach to investing in notes....

    Thanks again to all.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    Andrew, I think you have the basic idea, the note interest on a discounted note has little to do with your yield.

    Not sure if I was defined as a "blog guru" LOL,

    We do have another FDIC Bank Examiner here on BP and several attorneys, who may chime in.

    My experience is posted in my bio, unlike most who hide experience on their page. As to seller financed notes, thousands have passed my desk in our portfolio and even more serviced. I developed the first loan guarantee program for private paper in the country in the early 90s, advancing payments with the right to acquire them, basically at the payment amount. I really doubt there is any note guru out there who can possible match my in the trenches experience.

    I get a kick out of hearing some suggesting sending out letters to note holders, I never sent one letter in my life, it's the types of contacts you make that send notes to you. From Realtors, attorneys, banks, trust companies, government, bankruptcy, insurance agents, stock brokers throwing notes my direction I never had to write letters and run to the court house....a completely different level of operations.

    I was also the Trustee on notes and performing foreclosures myself in our area, southwest Missouri. I had notes in seven states as I recall, so couldn't show up for all.

    I was also the only person in Missouri that would appraise notes and did so for the State of Missouri and for other requirements.

    Darryl, are you an attorney? We might talk if you want to move into another phase of notes.

    Kent, I hope you didn't take anything I said personally as it was not meant to be, since I don't know what you offer, I can't really say what your services are like, no endorsement nor any negative opinion. I could go into a long rant about gurus, but I've said it all before and it's on BP already, not putting you in a guru status per se.
    And, I agree, this subject is too complicated to cover the bases in a forum, to do it justice, I'd say you could attend classes for a year and still not touch all aspects of the business, at least at the pace I taught finance at the college level years ago.

    Eric, very good point. Specific note analysis will certainly show your point, but look at an entire portfolio to the weighted average maturity and yield, (WAM & WAY) you'll see how large notes skew the results with smaller notes. Larger notes early on increase investment risks as compared to those in keeping with the law of large numbers, in the beginning where you set loan limits losses as well. But you're absolutely right as to basic fixed costs securing collateral as a % at risk or par value.

    Lastly, I'm not here to compete with any note buyer, I'm retired, sold out and have three more years (I believe) not to compete and don't need to hump it anymore. I'm not living forever, but I intend on sticking around and making others suffer...LOL! Seriously, you may be just starting out, might have been doing notes, leases or commercial paper for years, you might even want to put an education program out there, I'm happy to assist all. Considering my broad experience in RE, lending/underwriting/notes and servicing them is my forte'. All of what I say should be double checked as to compliance and applicability in your state and area, as things are different, but not much. Always see an attorney familiar with lending aspects before buying any note anywhere, IMO. The fee is tax deductible!

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y
    Originally posted by Darryl Mack:
    We are still awaiting for you (Andrew) to accept us as a colleague request

    Wow, haven't seen that in the forums, why not go to the notes forum and tell us about yourself and what you specialize in. Pressing members in the forums to accept your colleague request seems rather pushy, he got your request.

    And again Darryl, are you an attorney? If so, I had some suggestions for you, but if there is no reply I'll assume you aren't interested, that's okay.... :)

  • Dion DePaoliPro Member
    Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
    13y

    I love these threads. And as always, I love the reality Bill Gulley puts in black and white.

    A common theme from 'newbies' is that the note business is glimmering with easy profits and good margins. Certainly Andrew was not sure that assessment was correct so he asked.

    Aside from the points Bill made regarding installment sales and the point about not assuming you will get the property. There are many reasons a note Seller goes to market. Too many to list. When you are accessing the deal on a NPN the current collateral value of the real property should be scrutinized. I would also suggest you double check your math. For the most part, easy recovery of default is not sold off, that simply doesn't make sense. A Seller would retain that in most cases and do it themselves. I always like to say a Seller is not going to simply hand you some large total return opportunity. You will have to work for it. The guru sales pitches seem to be these discounts are huge and you almost couldn't loose. Well, if that was true, banks would have not crumbled in recent past or even in the RTC days.

    Fact of the matter, NPN investing has been around since the secondary market has been around. In the recent past, large (giant, even) firms have invested in NPN's and choked, loosing money. I think another concept that gets passed off, which simply is not true, is that there is some duty to sell these assets at substantial discounts. Far from true.

    The discount that is applied is a function of the current value of the real property, the costs and time of getting through the foreclosure process. As stated, jumping on a note because the percent of UPB (Unpaid Principal Balance) is small is not a good way of accessing the deal. For instance, in areas such as Midwest, Florida, Arizona and Las Vegas, where real estate values fell off a cliff, that discount is a function of that decline in real property value. A home that was mortgaged for $250k in 2004 is now worth $50k. (and yes, those are real numbers in some markets)

    If we continue with that example. In this case the debt far exceeds the property value, so as the mortgagee you could send the entire balance to foreclosure sale as your bid and chances are pretty good that nobody will hit your number. So then you get a house back that is worth $50k. Your cost of sale for the REO, say 10% for easy math, nets you $45k. Foreclosure cost you $3,500. Taxes are not paid and cost you $1,500. Since there is no borrower acting responsible the home is uninsured which will cost you $1,000. The seller you bought it from let the property fall into disrepair and you have a fine from the city for $500. When the borrower left the home they left trash and it need to be cleaned for another $1,000.

    So you stand to net $37,500 after the above expenses. FYI, that is 15% of the UPB of $250k. Problem is, you have not made a dime if you purchase at 15% of UPB. Additionally, you have had to capitalize the asset with another $7,500. So let's get a margin in there, say 20% or $7,500. And finally the humdinger, time, this whole process will take you 18 months. So generically you just made 13% per annum on your money. To achieve that you would have to be purchasing at 57% of RE Value and 11.4% of UPB.

    That is an interesting exercise because that price level is relative to the institutional market. Note, there is not much room for error. If the real property has any type of physical defect such as roof problem, or mold, or whatever you just cut into your profit. Those are unforeseen problems as you cannot inspect the whole house or interior prior to purchase. If an unexpected $2k expense comes up your return drops to 9.7%. If the foreclosure takes an additional 6 months without the added expense your return drops to 10%. If that $2k pops up with the added time, you are down to 7.3%. So hopefully you see how quickly your position can erode and your return can go away. Welcome to NPN investing.

    This is an industry of thin margins and the solid players are operationally efficient. Reducing time and expenses everywhere possible. This is key because a Seller doesn't care what your margin is, doesn't care about the time and frankly completely opposite of what you might have heard, is not at all interested in being realistic with the asset's recovery. The Seller is negotiating a loss, their job is to minimize that loss, which in English means sell to you for as high as possible. If someone told you they are just giving these things away, they lied.

    The other humorous chatter I tend to hear often is that the banker, asset manager, etc is stupid and doesn't know what they are doing. My friend if you believe that I have some deeds to on Pluto I want to sell you. The banks selling off NPN's have a solid understanding of what they are worth and what type of recovery can come from each asset. Can you find diamonds in the rough? Absolutely, but that is not because the Seller is incompetent. For instance, modification options, which some folks act like is new and it is not, are deployed by most banks and note investors. Internal restraints may prevent a treatment like you would do. For instance, most banks do not forgive principal, they reduce the interest rate. For a private guy, with no restraints, forgiving principal makes sense for a bank it is more complicated and typically not an option. Additionally, the mortgage servicing food chain is a bit convoluted and difficult to at times to be effective, so it is not unusual in due diligence to see a borrower has lined up a short sale for months but for some reason it was never approved. These are the types of operation efficiencies you have to look for and develop to be good at the game.

    The last concept I will leave you with, is many newbies tend to speak very leaner about their disposition strategies for notes. What I mean is they tend to have one plan and they plan to carry that out on all notes. For instance, we are going to modify all the notes, every time. That is asking for trouble. Disposition strategies are a layer of processes and outcomes. Not all modification strategies workout. Sometimes you cannot find the borrower or the borrower can't afford any payment (let alone the current payment) or sometimes the borrower just doesn't want to work with you. It is romantic to think that everything works out in the end but most of time that is dream not a plan.

    As was stated, I think by Bill, there is plenty of money to be made in this business but this business is not as simple as real property. In its own nature it is more complex because it involves real property and mortgages. I would also chime in that applying that logic, commercial property is more complex than residential property so you can infer commercial notes are no where close to a walk in the park by any means. Anyone who pretends any of this is easy and mountains of cash fall from the sky is not actually involved in the industry. That I will guarantee.

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    Well said Dion, pretty much why I only did NPNs where I could reach out and touch owners and lenders in my area.

    While I don't like to discourage anyone, NPNs is not for beginners. I'd say that the best programs out there would only get you past the birddog show, they can't possibly teach legal issues, appraising, valuation, local foreclosure aspects, property management and disposal situations. It takes time and there is no short cut.

  • Dallas, GA · Member since 2012 · 7 posts · 3 votes
    13y

    I came here for advice, Darryl, not to have someone help me part with my money. I have intentionally not responded to your invitations to invest with you. I believe Bill put it best when he stated that the that I am undoubtedly aware of your invitation and that maybe the forum related to commercial services would be more fruitful in attracting new clients. I think you should accept my lack of response as a lack of interest. As far as inputting my personal contact information so I can be solicited, and I am saying this because I can see you are the type of person that has to hear something directly rather than pick up on cues that someone is not interested in doing business with you, I have not given you my contact information because I am not interested in anything you are selling. I hope this clarifies my to-date ambiguous position on the matter.

  • Dallas, GA · Member since 2012 · 7 posts · 3 votes
    13y

    I disagree that I am obligated to respond to commercial solicitations that were posted in response to an unrelated inquiry. None of your posts were in response to my actual questions, so I didn't see any need to respond. That doesn't have anything to do with professionalism. I also don't respond to SPAM email notifying the sender that I'm not interested in Canadian pharmacies or replica Rolex watches. I figure they'll know if I'm interested if I place an order. Finally, you post in a thread that I started, that "this Andrew" has not responded to your many solicitations, with the implication being that something nefarious is going on ("it seems he won't input his contact information at all for anyone"). Like many posters here, I get an email when a thread I'm following receives a response. I don't see the need to make myself any more available than that, certainly not to someone trying to contact me for commercial purposes; it's actually a pretty strong argument against providing too much contact info in a public profile. In any case, I'll let you have the last word on this, as I suspect it could go on forever.

  • Joshua D.Pro Member
    BiggerPockets Founder · HI · Member since 2008 · 16k+ posts · 5k+ votes
    13y

    Andrew Faulkner - I'm sorry that you were solicited here on your discussion thread. That kind of activity is prohibited here on BiggerPockets, as the ONLY place where it is acceptable to do dealmaking on the forums is our MARKETPLACE.

    Pestering users to do business with you or your company in response to a question is not allowed here on BiggerPockets.

    In the future, if you or someone else sees this happening, please report the post and we'll act swiftly to get rid of the post; we have a ZERO tolerance policy for SPAMMY solicitations in discussions.

    Sorry you had to deal with that; I think you handled yourself quite well given the circumstances.

  • Dallas, GA · Member since 2012 · 7 posts · 3 votes
    13y

    Thanks, Joshua. Hopefully he will find success in the marketplace. I know we are all working for the same thing here.

  • Real Estate Investor · San Diego, CA · Member since 2012 · 3 posts · 0 votes
    13y

    I use FCIExchange.com and TrustFCI.com servicing side of exchange. Investors of NPNs you need to do your own reseach "judicial states vs non judicial foreclosure states", current BPOs, occupancy verification, title and tax reports, wet signature on all original docs, etc.. Zillow is good for comp sales research at best. You need a solid plan, that's only available if you know the 12+/- exit strategies for NPNs. If you do your home work and remember 99% of the so called real estate investors do not understand the real rewards and pitfalls with buying distressed assets or notes vs distressed real estate. You will do fine. I have notes for sale at 10-50% of CMV/BPO.. Do your homework and maybe try buying a performing note first to understand all aspects of the investment. Max Thrush

  • Rental Property Investor · Fredericksburg, TX · Member since 2011 · 2 posts · 1 vote
    13y

    Andrew (and all in this thread):
    A lot of great advice has been dispensed here. It sounds like you could do well by following your heart & the sound wisdom of those who've put their OWN money 'in the game' of buying notes.

    If you would care to listen, I have my take...

    I took a quick look at FCI Exchange & it seems like they have an interesting platform but because I've never bought a note thru them I can't give you any advice about them, however I have a different take on buying notes - if that's what you really want to do.

    There is a lot I don't know about the note business but I can tell you what has worked for me.
    I buy notes secured by commercial real estate in my own back yard. I like this model because I know the properties in my back yard, I drive by them every day. I build long-term relationships with private note holders (who've carried back notes on properties they've sold) and local bankers. I let them know CLEARLY what my buying criteria is & I buy notes from them. They know, like & TRUST me. I've been buying notes like this since 2009.

    You don't need to use some listing service. Just apply some simple strategies & you'll be able to invest & profit nicely.

    As nearly everyone has said here - a good attorney is PRICELESS.
    Hope that helps!

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    Some additional advice to new posters,it really appears at times that we get a post of some offer or program and they get busted, then comes first time posters, they often then appear as the second string with an under the radar pitch. Even if they new folks have no such intention, they often appear to be, that might not be fair, but we have been spammed so much that such is the reality.

    Jd. I agree, new dealers need to get thier feet wet in thier own backyard where they can manage thier investments.

    I won't say I have bought more notes than anyonen on BP, but I have certainly purchased more than most and had a servicing porfolio larger than some banks I use to examine. I'm hardly a newbie at this stuff.

    Best of luck to everyone here in what you do. :)

  • Dion DePaoliPro Member
    Real Estate Broker · Northwest Indiana, IN · Member since 2011 · 2k+ posts · 2k+ votes
    13y

    Max Thrush what are the "12+/- exit strategies for NPNs"?

  • Real Estate Investor · San Diego, CA · Member since 2012 · 3 posts · 0 votes
    13y

    Exit Strategies..
    For Non Performing Notes
    (1st TDs on SFRs only).

    Occupied SFRs:

    1. Flip the Note to another investor. Fastest exit.
    2. Work-out loan, reperform, season and discount note.
    3. Cash for keys. Keep or resell the investment property.
    4. Rent to Own. (Land Contract) Keep or resell the investment property.
    5. Lease Option to Purchase. (Land Contract) Keep or resell property.
    6. Deed in Lieu of foreclosure.
    7. Foreclose on property and create your own REO
    8. Wholesale the property.
    9. Fix and flip property yourself.
    10. Seller Assisted Financing and resell SFRs and discount new note.
    11. Down Payment Grant to buyer with 3% gift per FHA. Discount note.
    12. Hold for cashflow and appreciation
    13. Donate the non performing note to Charity.

    Vacant SFRs:

    1. Flip the Note to another investor. Fastest exit.
    2. Move owner back in! Work-out loan, reperform & discount note.
    3. Alot of the same exit strategies as occupied SFRs.

    Note investors determine thier own business plan for note investing.

    Your comfort level is paramount. The More You Know....
    Flipping notes for a couple of points and never seeing the SFR owner, or maybe your a hands on note investor and you have to touch and feel your invesment.

    Do your homework, get wise counsel and there are No stupid questions.

    Max Thrush

  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    13y

    Lots left out, #3, 4, 5, 8, 9, 12 & 13 can't be done as a lender holding a note without first having a deed-in-lieu-of-foreclsoure placing you in title. A foreclosed property by a lender does not place them in an ownership estate, they only have a collateral interest.

    While some cheats out there have sold foreclosed properties for more than what was owing, the borrower has the right to receive proceeds beyond the indemnification of the security interest. Now, if you get a DIL, that is payment for the debt outstanding and you are free to hold, sell or do whatever you like. :)

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