Hard money Lender Fails to fund Draw # 2

Hard money Lender Fails to fund Draw # 2

Flipper/Rehabber · Pittsburgh, PA · Member since 2016 · 44 posts · 11 votes

What do you do when lender fails to fund your draw after they have already approved it.

My deal is funded by Terxxx and they have been moving goal post of when they can fund the draw after they approve it. Their website said they can fund the deal in two days after approval. First draw, they couldn't fund it in two days and I asked them why if they said on their website that they can fund it in two days. They said that they have a problem with their funding department, so they now fund it in 10 days. They went and changed their website to 10 days funding of a draw after they have approved it, instead of improving their systems to be able to fund approved draws in 2 days. That first draw caused me to receive my money late and got my account overdrawn that month.

On this second draw, I made an allowance of 10 days and got my draw approved 10 days before the end of July. The funding deadline fell on a Sunday and they said they will release the wire on Monday. Monday comes and they don't release the wire. I follow up and they they say they have problems with their funding department. No specific explanation. I ask for specific explanation, no clear answer, just, "top management knows we have this problems and we will update you about what they say."

"WHAT? You will update me of what top management says about my approved draw, after 10 days have elapsed?"

"The job has already been done, I have used up all my money to complete the tasks, I have submitted all the photos and related task on scope of work/budget and you have approved and I have waited for your 10 days to get funding and now I have to wait for top management to resolve an internal issue, I don't know about; and you don't specify how long it will take to resolve...what's going on?"

They don't clarify and emails come in just vague. I got fed up and told them that they shouldn't write me, they should just fund my deal.

Imagine if I had made arrangements with contractors that they will be paid on the day the lender had promised to fund the draw and wire the money and the money wasn't there.

Imagine what the contractors could do as I shift and vacillate on when they will be paid according to the lender's vague emails

Imagine people that have worked and are waiting for their butter and bread, rent and livelihood to come out your pocket for the good job they have done being told vague sentences every time they inquire about their money

Imagine the anger that will build up

Imagine angry contractors coming to smash and destroy the work they did in anger that they won't get paid.

Do lenders consider these things or they just think borrowers are pawns in their hands that have to give them origination fees? $995 here and a $1,995 there before closing. Interest due on first day of the money. When borrower has a problem, they start stacking numbers then threats, then lawyers, then foreclosure.

Is this the game or real estate that the lender is the might and borrower a slave?

Proverbs 22:17 The rich rule over the poor; and the BORROWER IS SLAVE TO THE LENDER

If the borrower is slave to the lender what's the position of the contractors in this food chain.

The modern kind of slavery in America? We are not in real estate to get rich and live the lifestyle that's in the podcasts and TVs; a lifestyle of greed and lies; manipulation and, essentially, 'witchcraft' where everybody is just a pawn in a big game to make you money "when you are asleep"...making "generational wealth" while you are at the beach (like Biden at Rehoboth Beach), enjoying yourself and people toiling for you and you can't fulfil the promises you made to them.

97% or more that are into real estate are there for a normal livelihood; day to day survival and are running this country with their taxes, yet under appreciated like the men in uniform, abused by those that think greed is how the game is played - be articulate in American English accent and flash out promises that you can't keep; create attractive websites with wonderful promises...

I used my money to take care of the contractors with hope that lender would honor the contract we signed, a contract that they would take to their lawyers to foreclose on me if I default.

'Oh! How powerful are lenders! They have millions at their disposal to sue a struggling borrower and crush them and end their business, take their house and leave them with bad credit for 7 years!'

Oh! That's immense power money can buy.

BUT, why not use the same money they would pay lawyers to improve their systems to serve borrowers and everybody down the food chain.

I used my money and now, in a new month, interest for my other properties, car payments and many more financial obligations cannot go through my bank. Payments are being turned down and each payment dishonored is attracting a bank charge....

How painful when your vulnerability is exploited by those that think they have power, those that rule by greed and manipulation!

How disheartening when a system fails you and everything crumbles before your eyes, and you look stupid before your wife and kids: Your kids ask, "why does daddy have money?", Your wife tells you to get out of 'her' house AND YET, you've worked harder than the rest of them white collar workers...

And what you have to show for that is tears, shame, a broken marriage...looking like an idiot chasing fantasies...yet, it's only because the 'mighty' threw you under the bridge where no one can survive in the current of that river......








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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
1mo
Quote from @Dziko Thunde:
Quote from @Jay Hinrichs:

u simply went with a poor lender.. this has nothing to do with slavery.  If you miss a draw and it Over drafts your account then your not properly capitalized internally yourself. 


 Money is held in escrow at closing. A lender is not supposed to touch it and buy their girl friend sexy underwear and when the borrower comes to request same, they refuse to honor the contract. May be there is something I am missing here that the contract we sign is all phony, or just works in favor of the lender

I don't think there is anything like a poor lender once the closing is done. Unless I am missing the legal part of this that can be manipulated and the money taken out for other purposes

The majority of borrowers is this country in real estate are very small and if you think that they should be "properly capitalized', it's because you inherited your fortunes but most people that are lending for flips and making money for lenders are small and hardly have the resources to pay for tasks before draws and may be overstretched if they have more than one flip going on at one time

The reason that many contractors can't flip houses is not knowledge of flipping houses but the financial resources and the risk that a lender can do stuff like what my lender did and destroy their business and livelihood

COVID destroyed a lot of small business and that should tell you that they bulk of the people that make this country run by being over taxed are the ones that pay high interest loans, not, 'properly capitalized' and one event can have a domino effect on their whole life; FICO spiraling downwards because they missed one payment from several lenders, 


AS a HML myself at one time I had 25 employees that worked for me doing the lending side and our court house steps buying and of course our rehab crews were in house.

AS such I can tell you with non regulated HML which all of them are there is no law regarding how they hold the rehab funds.. they are not banks or federally regulated.. So rehab funds are never "held in escrow" unless your dealing with a mom and pop and they do that on purpose. 
But there reputation is on the line if they cant fund rehab draws.. so they manage there money by payoffs and new loans and draws.. and its up to the company not to run out of money that means POOR management.  

One of the bigger regional HML fund that flip I believe they ran into this problem last year I was getting e mails from borrowers looking for funding because the company ( according to them so its 2nd hand info) did not have the funds to forward the draws.. 

I get it about reserves etc but end of the day this is a high risk business all the way around. 

And actually the GFC had a much bigger effect on RE folks and flippers and builders than Covid did probably by a magnatude of 50X. 
See this reply in the discussion

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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    1mo

    u simply went with a poor lender.. this has nothing to do with slavery.  If you miss a draw and it Over drafts your account then your not properly capitalized internally yourself. 

    • Flipper/Rehabber · Pittsburgh, PA · Member since 2016 · 44 posts · 11 votes
      1mo
      Quote from @Jay Hinrichs:

      u simply went with a poor lender.. this has nothing to do with slavery.  If you miss a draw and it Over drafts your account then your not properly capitalized internally yourself. 


       Money is held in escrow at closing. A lender is not supposed to touch it and buy their girl friend sexy underwear and when the borrower comes to request same, they refuse to honor the contract. May be there is something I am missing here that the contract we sign is all phony, or just works in favor of the lender

      I don't think there is anything like a poor lender once the closing is done. Unless I am missing the legal part of this that can be manipulated and the money taken out for other purposes

      The majority of borrowers is this country in real estate are very small and if you think that they should be "properly capitalized', it's because you inherited your fortunes but most people that are lending for flips and making money for lenders are small and hardly have the resources to pay for tasks before draws and may be overstretched if they have more than one flip going on at one time

      The reason that many contractors can't flip houses is not knowledge of flipping houses but the financial resources and the risk that a lender can do stuff like what my lender did and destroy their business and livelihood

      COVID destroyed a lot of small business and that should tell you that they bulk of the people that make this country run by being over taxed are the ones that pay high interest loans, not, 'properly capitalized' and one event can have a domino effect on their whole life; FICO spiraling downwards because they missed one payment from several lenders, 

    • Jay HinrichsBusiness Member
      Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
      1mo
      Quote from @Dziko Thunde:
      Quote from @Jay Hinrichs:

      u simply went with a poor lender.. this has nothing to do with slavery.  If you miss a draw and it Over drafts your account then your not properly capitalized internally yourself. 


       Money is held in escrow at closing. A lender is not supposed to touch it and buy their girl friend sexy underwear and when the borrower comes to request same, they refuse to honor the contract. May be there is something I am missing here that the contract we sign is all phony, or just works in favor of the lender

      I don't think there is anything like a poor lender once the closing is done. Unless I am missing the legal part of this that can be manipulated and the money taken out for other purposes

      The majority of borrowers is this country in real estate are very small and if you think that they should be "properly capitalized', it's because you inherited your fortunes but most people that are lending for flips and making money for lenders are small and hardly have the resources to pay for tasks before draws and may be overstretched if they have more than one flip going on at one time

      The reason that many contractors can't flip houses is not knowledge of flipping houses but the financial resources and the risk that a lender can do stuff like what my lender did and destroy their business and livelihood

      COVID destroyed a lot of small business and that should tell you that they bulk of the people that make this country run by being over taxed are the ones that pay high interest loans, not, 'properly capitalized' and one event can have a domino effect on their whole life; FICO spiraling downwards because they missed one payment from several lenders, 


      AS a HML myself at one time I had 25 employees that worked for me doing the lending side and our court house steps buying and of course our rehab crews were in house.

      AS such I can tell you with non regulated HML which all of them are there is no law regarding how they hold the rehab funds.. they are not banks or federally regulated.. So rehab funds are never "held in escrow" unless your dealing with a mom and pop and they do that on purpose. 
      But there reputation is on the line if they cant fund rehab draws.. so they manage there money by payoffs and new loans and draws.. and its up to the company not to run out of money that means POOR management.  

      One of the bigger regional HML fund that flip I believe they ran into this problem last year I was getting e mails from borrowers looking for funding because the company ( according to them so its 2nd hand info) did not have the funds to forward the draws.. 

      I get it about reserves etc but end of the day this is a high risk business all the way around. 

      And actually the GFC had a much bigger effect on RE folks and flippers and builders than Covid did probably by a magnatude of 50X. 
    • Investor · Malakoff, TX · Member since 2017 · 2k+ posts · 2k+ votes
      1mo
      Quote from @Jay Hinrichs:

      u simply went with a poor lender.. this has nothing to do with slavery.  If you miss a draw and it Over drafts your account then your not properly capitalized internally yourself. 


       Do hard money contracts have language specifying what happens if funds aren't dispersed for some reason?

    • Jay HinrichsBusiness Member
      Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
      1mo
      Quote from @Eric James:
      Quote from @Jay Hinrichs:

      u simply went with a poor lender.. this has nothing to do with slavery.  If you miss a draw and it Over drafts your account then your not properly capitalized internally yourself. 


       Do hard money contracts have language specifying what happens if funds aren't dispersed for some reason?


      ya know i have never been in that position in 30 years of HML  I have never seen language that address's it but that does not mean its not buried on page 25 in the small print :)
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    1mo

    What does your loan agreement state for how long they have to fund a draw. I assume they had it inspected and got the inspection report to confirm everything was done?

    7e investments53 Reviews
  • Flipper/Rehabber · Pittsburgh, PA · Member since 2016 · 44 posts · 11 votes
    1mo

    It was according to lender policies, which at the beginning was 2 days to fund the draw after it has been approved. Approval comes after inspections are done and they are satisfied that work has been done. Policy changed to 10 days. Then 10 days became 'as long as you can beg enough' or 'call and email as many time as you are able' (thus stop working and get a new job of emailing, calling and begging for your approved draw to be funded after 10 days have elapsed)

  • Josh C.Pro Member
    Property Manager · Indianapolis, IN · Member since 2010 · 1k+ posts · 1k+ votes
    1mo

    That really sucks. Sucks your wife isn't supportive either. That's a shame. So you can cry and get foreclosed on. Or get our there and finish the work (by yourself or get some money from somewhere) and either sell or get long term financing from another bank. Up to you. Finish or fail.
    Your a victim if your story is true. But just acting like a victim isn't going to solve any of your problems. Only you can do that. Good luck and we are rooting for you. 

  • Vijay FriedmanBusiness Member
    Miami, FL · Member since 2026 · 766 posts · 122 votes
    1mo
    Quote from @Dziko Thunde:

    What do you do when lender fails to fund your draw after they have already approved it.

    My deal is funded by Terxxx and they have been moving goal post of when they can fund the draw after they approve it. Their website said they can fund the deal in two days after approval. First draw, they couldn't fund it in two days and I asked them why if they said on their website that they can fund it in two days. They said that they have a problem with their funding department, so they now fund it in 10 days. They went and changed their website to 10 days funding of a draw after they have approved it, instead of improving their systems to be able to fund approved draws in 2 days. That first draw caused me to receive my money late and got my account overdrawn that month.

    On this second draw, I made an allowance of 10 days and got my draw approved 10 days before the end of July. The funding deadline fell on a Sunday and they said they will release the wire on Monday. Monday comes and they don't release the wire. I follow up and they they say they have problems with their funding department. No specific explanation. I ask for specific explanation, no clear answer, just, "top management knows we have this problems and we will update you about what they say."

    "WHAT? You will update me of what top management says about my approved draw, after 10 days have elapsed?"

    "The job has already been done, I have used up all my money to complete the tasks, I have submitted all the photos and related task on scope of work/budget and you have approved and I have waited for your 10 days to get funding and now I have to wait for top management to resolve an internal issue, I don't know about; and you don't specify how long it will take to resolve...what's going on?"

    They don't clarify and emails come in just vague. I got fed up and told them that they shouldn't write me, they should just fund my deal.

    Imagine if I had made arrangements with contractors that they will be paid on the day the lender had promised to fund the draw and wire the money and the money wasn't there.

    Imagine what the contractors could do as I shift and vacillate on when they will be paid according to the lender's vague emails

    Imagine people that have worked and are waiting for their butter and bread, rent and livelihood to come out your pocket for the good job they have done being told vague sentences every time they inquire about their money

    Imagine the anger that will build up

    Imagine angry contractors coming to smash and destroy the work they did in anger that they won't get paid.

    Do lenders consider these things or they just think borrowers are pawns in their hands that have to give them origination fees? $995 here and a $1,995 there before closing. Interest due on first day of the money. When borrower has a problem, they start stacking numbers then threats, then lawyers, then foreclosure.

    Is this the game or real estate that the lender is the might and borrower a slave?

    Proverbs 22:17 The rich rule over the poor; and the BORROWER IS SLAVE TO THE LENDER

    If the borrower is slave to the lender what's the position of the contractors in this food chain.

    The modern kind of slavery in America? We are not in real estate to get rich and live the lifestyle that's in the podcasts and TVs; a lifestyle of greed and lies; manipulation and, essentially, 'witchcraft' where everybody is just a pawn in a big game to make you money "when you are asleep"...making "generational wealth" while you are at the beach (like Biden at Rehoboth Beach), enjoying yourself and people toiling for you and you can't fulfil the promises you made to them.

    97% or more that are into real estate are there for a normal livelihood; day to day survival and are running this country with their taxes, yet under appreciated like the men in uniform, abused by those that think greed is how the game is played - be articulate in American English accent and flash out promises that you can't keep; create attractive websites with wonderful promises...

    I used my money to take care of the contractors with hope that lender would honor the contract we signed, a contract that they would take to their lawyers to foreclose on me if I default.

    'Oh! How powerful are lenders! They have millions at their disposal to sue a struggling borrower and crush them and end their business, take their house and leave them with bad credit for 7 years!'

    Oh! That's immense power money can buy.

    BUT, why not use the same money they would pay lawyers to improve their systems to serve borrowers and everybody down the food chain.

    I used my money and now, in a new month, interest for my other properties, car payments and many more financial obligations cannot go through my bank. Payments are being turned down and each payment dishonored is attracting a bank charge....

    How painful when your vulnerability is exploited by those that think they have power, those that rule by greed and manipulation!

    How disheartening when a system fails you and everything crumbles before your eyes, and you look stupid before your wife and kids: Your kids ask, "why does daddy have money?", Your wife tells you to get out of 'her' house AND YET, you've worked harder than the rest of them white collar workers...

    And what you have to show for that is tears, shame, a broken marriage...looking like an idiot chasing fantasies...yet, it's only because the 'mighty' threw you under the bridge where no one can survive in the current of that river......








    @Dziko Thunde
    That’s a brutal spot to be in, especially when the work is already completed and the draw was approved. A 10-day cushion should have been more than enough if that was their stated funding timeline. Have you looked into whether refinancing the project with another rehab/bridge lender is feasible at this stage, or are you mainly trying to get the current lender to finish funding the remaining draws?

    DreamPoint Capital
  • Flipper/Rehabber · Atlanta, GA · Member since 2014 · 166 posts · 88 votes
    1mo

    @Dziko Thunde

    Listen,

    If you don't have confidence in your lender your two options are 1. List the property as an investor special AS-IS sale or 2. refinance with a top 5 lender that is well capitalized. The HML / Broker space is very saturated these days

    Good Luck

  • Member since 2026 · 6 posts · 3 votes
    1mo

    This is a real and painful situation and you articulated it better than most people could. What you're describing isn't just a funding delay — it's a chain reaction that touches your contractors, your family, your credit, and your reputation. All because a lender couldn't honor a timeline they put in writing.

    Here's what I'd do right now, practically speaking:

    Document everything. Every email, every promise, every date they committed to and missed. Create a paper trail with timestamps. If this escalates legally — and it may need to — that documentation is your leverage.

    Send a formal written notice. Not a frustrated email — a formal written notice citing the specific contract terms they agreed to, the dates they missed, and the financial damages you've incurred as a direct result. Keep it factual and unemotional. This puts them on record that you are tracking losses.

    Escalate beyond your account rep. Ask in writing for the name and direct contact of the Executive in charge of the lending division — not "top management will get back to you." Force a name and a timeline into the conversation.

    Know your options. Depending on your loan agreement, consistent failure to fund approved draws may constitute a material breach of contract on their side — which could release you from certain obligations or give you grounds for damages. This is worth a 30-minute call with a real estate attorney to understand your position.

    For future deals — lender speed and reliability matters as much as rate. The cheapest lender that can't perform costs you far more than a slightly higher rate from someone who closes what they promise. I work in private lending specifically because I've seen this story too many times — investors doing everything right, held hostage by institutional dysfunction at the worst possible moment.

    You are not a pawn. You are the one taking the risk, doing the work, and keeping contractors employed. That deserves a funding partner that respects that.

    Hope this turns around fast. Feel free to DM me if you want to talk through options. 🤝

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