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An ireloquent post

January 11th, 2011

Clay Sparkman

A friend of mine likes to make up words.  He comes up with some pretty good ones.  A recent invention of his—ireloquent—strikes me as particularly utilitarian.  It is useful in those situations where someone is going on and on about something in the most eloquent way, but in fact has provided a response that is completely irrelevant to the matter at hand.  You know what I’m talking about and who—don’t you?

And thus for your reading pleasure today, I provide you with a completely ireloquent post:

If I haven’t posted so much lately (and I assure you that I haven’t), it is because I am on my annual pilgrimage to Chile.  I won’t say that my primary consideration in choosing a spouse was that she be from a beautiful country in the southern hemisphere where it is 80 degrees and sunny whenever it is cold and rainy in Oregon—and yet … well let’s say it worked out that way.

So each year when it gets really nasty in Oregon (December/January), we come down (our family of three, which includes my five year old son) to visit our beloved family here in Chile (who fuss over us constantly catering to our every need), and we bask in the golden goodness of Chile for 1-2 months before packing our things up again and schlepping our way back home up to Oregon.  I won’t go on and on about how nice it is to spend your Christmas eve sipping cocktails at poolside and all that, mostly because so far as I know all of my readers are from the northern hemisphere and I don’t want to make my readers cranky.  (Still … golden sun, light breeze, birds singing everywhere … NUFF SAID.)

Really I just wanted to share some thoughts about different perspectives on the New Year as we move into 2011.  2010 was tough for so many of us up north.  We struggled to hang on and waited for things to get better … and waited and waited.  But I must say that Chile had a 2010 that in some ways makes ours in the USA look like child’s play.

First of all, they elected a new president—Sebastian Pinera—the first president representing the conservative right since Pinochet stepped aside (well sort of; that is another story) to make room for Aylwin in 1990.  (When you think about it, that is a pretty good name for a presidential candidate.  It sounds quite a bit like “I’ll win.”)  Now this change was not necessarily a bad thing for Chile, but it was–at the very least–a stressful transition for a nation that had just spent the past 20 years recovering from the iron fisted reign of Augusto Pinochet.

Before the new president could even be sworn in, the country was devastated by a horrible earthquake and flooded by massive tsunami waves, leaving many dead, injured, homeless, and without basic food and supplies.

As bad as it was, it could have been a lot worse.  The various governmental and non-governmental agencies really stepped up to save lives and get basic infrastructure back in place quickly.

And then just when the country was beginning to pull itself back together somewhat from the earthquake, and as if that trauma hadn’t been enough for the nation to bear, a mining accident in the northern part of the country left 33 miners trapped underground, lost and waiting for rescue.  (Of course if you don’t know about that story, then it is likely that you were also living underground at the time.)

It took more than two weeks, but through a series of drillings the miners were located, and it was determined that they were all alive and in reasonable condition.  That was the good news.  The bad news was that rescuers estimated that the miners might not be back up top even in time for Christmas.  Need I say, that is a long time to hangout a half-mile below the surface of the earth even if you know the rescuers are on their way?

In September, Chile celebrated its bicentennial.  This was bitter-sweet, as you can imagine, as the entire nation (actually the entire world) was waiting, hoping, and praying for these 33 to men to get our alive.  Chile is very proud country, and I can tell you that during my 20 year love affair with this nation, I have never seen it so united as it was at that point in time.  The entire nation was breathing it seemed with one collective breath.

In some of the most stunning press coverage I have ever witnessed, after 69 days underground the first miner was pulled to the surface, and stepped out of the specially designed capsule into the arms of a nation.  My wife and my son and I were all watching on CNN at this moment, and my mother-in-law was on long-distance from Chile, and I am not ashamed to say that at that moment I sobbed like a baby.  Rather sooner than expected, every single miner and every single rescuer came out alive and well.  Amazing!  Pinera’s approval rating jumped some 20 points (and I say deservedly so).  Vivan los mineros, viva Chile!

What a year was 2010 for Chile!  We all celebrated on New Year’s Eve together and made many toasts for a better year for Chile in 2011.  Needless to say, I was horrified when a live report on CNN international on the afternoon of January 2nd, reported an earthquake registering 7.1 in the Temuco region of southern Chile.  How could this be—only just 2 days into the New Year?  As it turned out, it was a bit of a false alarm.  The quake was ultimately downgraded and seems to have done very little damage.

And so, what exactly is my point, you say?  My point is that this post has nothing to do with private money.  It is completely and utterly ireloquent.

Oh yes, and one last thing:  May we all avoid calamities in 2011 (great and small, north and south), and may we prosper immensely in our private money investments!  (Sorry, I couldn’t help myself.)

— Clay (sparkman@lendicom.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.

A story of adaptation: or how to survive and succeed in a challenging real estate market

November 11th, 2010

The following is a guest post by Matthew Whitaker, Managing Member of Magnolia Partners, LLC and Golden Key, LLC.  I originally posted this article on my Broker Blog, but it occurred to me that it would be appropriate to post it here as well.   What I think a trust deed investor should take away from this is that even in this dreadfully stagnant real estate market, there are savvy people out there taking advantage of the conditions of the market, and thus there are excellent opportunities for those of us who lend as well.  Simply put: where there are clever investors there are smart lending opportunities.

In December of 2007 we were faced with a decision.  After three years of successfully flipping properties to low and moderate income buyers, we awoke one day with no buyers and no plan to find new ones.  Our dilemma was very simple, do we dissolve the company or do we create a new viable model that will work in this new economy?  If we decided to create a new model, what would that look like?

We had just begun to hit our groove in the spring and summer of 2007.  We had successfully flipped around 100 properties in the first 2 ½ years of business and we were working at about a 4 to 5 house pace per month.  We were making money and had been in the black for quite some time.  We considered ourselves “real estate investors” and thought we were pretty darn good at it.  So when we found ourselves faced with a flight or fight decision only a few short months later, it seemed surreal.  My partner, Karen, and I spent days talking about what a viable model was for the new economy.  We had heard of other local groups “selling to out of state investors.”  We decided to attempt to replicate a similar model, but with a focus on local investors.

For three months Karen and I worked on a plan and developed systems and processes that involved Golden Key (GK) (www.gkhouses.com) selling properties to investors that wanted to invest passively in real estate.  Our vision was that everyone recognized the opportunity, but very few people had the skills to do something about it.  We thought we would approach professionals (executives, doctors, lawyers) and pitch them on the idea of owning 10 – 15 properties instead of investing all their money in the stock market.  Locally, based on our expected average sales price, this involved them investing $100K to 150K individually.  Our responsibility in this plan involved acquiring the properties, rehabilitating them, leasing them, and then finally selling them to these new found investors.  We felt this model would eliminate most of their risk and objections.  Questions like, “What would it rent for?” and “How much will the rehabilitation cost?” became commonplace in our initial pitches.  What we decided was that we really needed to mold two businesses–an acquisition business (to find the deals) and a management business (to process the houses and manage them on a go-forward).  Our office quickly became a “mission control” of spreadsheets and flow charts.

In 2008 we had only moderate success with pitching this business.  We had very little trouble getting people to agree that there was an opportunity, but a whole lot of trouble getting them to write a check.  We were able to identify some investors, but continuing changes in the lending environment made it harder and harder to close the deals and made it more difficult for one person to purchase multiple properties.  This resulted in a time intensive process of dealing with lenders during the close and constantly finding new investors.

Because we became very frustrated with how slowly the business was progressing, we decided if we could pool the investors versus dealing with them individually, this would allow us to really deal with one “client” and speed up the process.  Since we didn’t know how to put together a fund, we approached a local investment bank, Founder’s Investment Banking (FIB) (www.foundersib.com) in late 2008.  We thought FIB to be a good fit since they had a real estate practice that had previous experience putting together real estate focused funds.  At the time, they were disinterested, but we did plant the idea.  We continued to approach other similar groups, but with very little success.  So we continued to sell to both local and out of state investors, one house at a time.

In the spring of last year (2009), FIB came back to us and said they would be interested in putting together a fund.  The fund’s investment thesis was to purchase the homes, already renovated with a tenant already paying rent, and then to hold the properties in a portfolio renting them, and as the market recovered begin selling them to homeowners, preferably the tenants.  What they saw was that the current market was allowing for a unique opportunity, and they could purchase these homes at similar returns to what they could expect from an apartment community; however, apartment communities will always sell using the same criteria (cap rate, cash flow, etc.) that they used when purchasing it.  In comparison, single family homes can be sold to a homeowner who purchases for much different reasons and thus will pay a premium for that home.

FIB also saw this as an opportunity to enter the single family management business.  They asked if, that in addition to putting together the fund, they could invest as a partner in both the acquisition business and the management business.  This fund would give both businesses a tremendous amount of horsepower, so settling on a sales price was a challenge.  After a series of meetings, over about three months, we finally agreed on a sales price for a portion of our business.

January 1st of this year the deal was completed and the fund was closed.  The fund has purchased around 35 properties to date.  It takes us about 75 days from the time we acquire the property until the time we are able to sell it to the fund.  The fund has provided us exactly what we expected.  We’ve been able to produce product with speed.  Our margins are about 70% of what they were in the past, but we expect to do significantly more deals under this new model.

Our story is one of reinventing ourselves for the new economy.  Our biggest challenge these days is finding something that is sustainable long past the opportunities the current economy is presenting.  We never want to find ourselves in the same position we were in three years ago.  Our management company has grown from 20 houses in 2007 to almost 300 today.  We believe that the challenging market will be an opportunity for quite some time; maybe not as BIG of an opportunity as it is today, but we believe the U.S. will feel this pain for the next four to five years.  Additionally, single family management will benefit from the slow recovery and continue to grow over that same time period.

We’ve learned quite a few lessons over the last three years which will probably be, as we look back, the greatest return on our adventure reinventing Golden Key.

Our first lesson is that very few people really understand real estate investing.  This is very dangerous in a business where we talk about leverage being able to multiply an investor’s returns and the same holds true for his losses.  Becoming intimate with the actual data is a very healthy process.  What are the real expenses?  What are the real revenues?  How might they change?

Secondly, we’ve learned that investing for value over investing based on speculation is a whole lot less sexy, but it sure pays the bills.  In the past we purchased properties based on what we “thought” we could sell them for.  Today we purchase properties based on what we KNOW they will sell for.  Rental value is a much more accurate measure of intrinsic value than a sales price.

Lastly, it is hard to both manage and invest–so no matter how emotional the month is, you have to examine your business as both the operator AND the investor.  Make sure it makes sense for both.

We continue to grow and learn daily and I hope that our story will add some value to what you are doing.

Matthew Whitaker is Managing Member of Magnolia Partners, LLC and Golden Key, LLC (www.gkhouses.com) in Birmingham, Alabama.  He has been investing in single family houses since 2004.  He has acquired over 150 houses personally and has a team that has the collected wisdom of acquiring over 400 houses.

Private loan packaging guidelines

October 31st, 2010

Clay Sparkman

One of my long term objectives with this blog is to eventually walk with you through all of the private money loan processes and procedures, from the moment of conception until death (death of course not being a bad thing in my chosen metaphor, but simply meaning loan payoff, workout, or foreclosure).

This post deals specifically with the loan packet submission process (not quite conception, but in the early infancy stages you might say).  When working with either brokers or borrowers, it is very important to be specific regarding precisely what items are needed in order to properly review the loan in detail.  Presumably at this point, you will have reviewed the loan in concept, via a verbal interview or some form of written summary or submission and would like to take the next step and review a detailed paper (or electronic) packet.

It is also important at this point to very clear with brokers or borrowers regarding how and where and in what form to submit the packet, and if you require a deposit, as we generally do, this would be the time to ask for it.

And so, these are the guidelines used by my company, Fairfield Financial.  We have developed these over the years and they are pretty good, but keep in mind that these are only guidelines and that each situation is unique and may require additional underwriting items that are not mentioned here.   Also keep in mind that there is an element of style or expectation involved here, specific to the individual lender.  Our goal is to attempt to obtain all information that might have more than a negligible impact on the decision process.  You want to be thorough, but you don’t want (I think) to ask for every possible imaginable item.  (That would make you too much like a bank now, wouldn’t it?)

When submitting a loan proposal, please include:

  • Residential loan application (1003) or equivalent (MUST BE SIGNED BY BORROWER)
  • Signed and completed Fairfield Disclosure Forms
  • Current tri-merge credit report (if loan is submitted by broker; if borrower submits directly, Fairfield will pull report)
  • Trio of subject property (or other type of detailed spec summary)
  • A good comp set, appraisal, or some other objective and transparent case for value
  • Photo(s) (if not included in an appraisal)
  • Cover sheet describing/summarizing parameters of loan
  • Preliminary Title Report(s) for all properties
  • Payment history on all loans encumbering the subject property (or properties)
  • Payoff quote on present loan(s)

If borrowing entity is corporation

  • Company financials (income statement and balance sheet)

If purchase

  • Valid executed earnest money agreement (contract to purchase)

If credit history is rough

  • Explanation of circumstances
  • Supporting documentation to show status of resolved items

If present loan is in default

  • Explanation of circumstances

If raw land or builder ready lots

  • Supporting documentation (government correspondence/code) to address development plan and demonstrate likelihood of completing development according to plan
  • Copy of zoning documentation and explanation of possible land uses
  • Description and status of utilities and access to the lots
  • May want signed affidavit from Borrower regarding completion status of lot(s)

If floating home

  • Copy of registration
  • Recent float survey
  • Copy of lease (if slip is leased) or owners certificate (if slip is owned)

If leased land

  • Copy of lease on land (or usage permit)

If 2nd or subordinate position loan

  • Copies of notes and Deeds of Trust for all superior loans
  • Payment histories and statements for all superior loans
  • Payoff statements for all superior liens

If construction/rehab loan

  • Summary of project
  • Builder credentials
  • Copy of contractor’s License, bond and insurance
  • Detailed line item budget
  • Supporting documentation to backup detailed line item bids/estimates
  • Plans (if floor plan is new or changing)
  • Copies of permits already obtained

If Income Property

  • Copies of all leases and rental agreements pertaining to the property.

Our Guidelines:

Region:

Alaska, California, Colorado, Florida, Idaho, Georgia, Montana, Nevada, New York, Oklahoma, Oregon, Texas, Washington, and Wyoming

Loan Amounts:

$50,000 minimum, no maximum

Interest Rates:

10 – 15% on firsts

Term of Loans:

1 – 5 years

Amortization:

Interest only

Broker Fee:

Typically 5%

Other Fees:

Document preparation: $675 to $2,900; Collection account set up: $470 plus $1 for each $1000 of the loan amount; Property inspection: generally $250 to $1000

Pre-pay Penalties:

None

— Clay (clay@privatemoneysource.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.

Less Grumbly – A Follow-up to ‘grumblings of a slum lord in the post-bust environment’

October 13th, 2010

This Guest post by Brian Blum, Operating Manager of Maverick Structures LLC,
is  a follow up to an earlier post

Sure, we each have “teams” of lawyers, Realtors, title agencies, finance people, insurance agents, and contractors working with us, but don’t kid yourself – real estate investing is largely an individual sport.  Many investors have neither receptionists to greet them when they show up to work nor water coolers around which to shoot the bull with co-workers.  Besides the lack of regular camaraderie, we don’t get a lot of feedback from others in how we’re doing at our jobs, either.  Whereas W-2 employees get performance reviews, we just get rent checks and mortgage statements.  I frequently feel like no one else understands what I’m going through, so first, let me express my appreciation for all the encouragement I received from my peers, the other players in this life-sized game of Monopoly, on my earlier article, “Grumblings of a Slum Lord in the Post-Bust Environment.”  I pride myself on my logical and critical thinking, as I’m sure do many of you, which is certainly the source of much of my frustration in the face of illogical and reactionary lending policies.  When I wrote my earlier article, it was just a way to get those frustrations off my chest, but it’s been reassuring to know that others can understand and appreciate my pain, and even share some of my perspectives.  It helps me know I’m not crazy.

Thank you also for the compliments on the clarity of my writing and how it explained challenging concepts in everyday layman’s terms.  I’m thrilled that the article was so well-received and that my peers found it entertaining, if not helpful.  I often debate with people who don’t appear to understand the workings of a “market,” and one of my goals in writing the article was to help enlighten them.  Many of them believe that rents would skyrocket without rent controls or that wages would plummet without a minimum wage, whereas you are much more likely to agree that artificial controls worsen the very problems they’re created to solve.

But that’s enough gushing and philosophizing; let’s jump into the epilogue to my earlier rant. …

Congratulations are in order!  …for me!  We finally closed on that six-unit apartment building we were in contract to purchase as a short sale.  (It only took ten months to bring that deal to the closing table!)  We have some minor repairs and maintenance to perform there, and one vacancy yet to fill, but the hard part is finished – any decent managing company could handle the ongoing responsibilities … and we’re giving some thought to formalizing our management company.  When we close on our next building, I’ll have enough “equivalent experience” to permit me to become a NY-licensed real estate broker without having to apprentice as a salesperson, and then we can hire a salesperson to be our in-house property manager.  If we join the association, we’ll even be able to list our own rentals in MLS to save on commissions.

Getting the word out about our borrowing gripes, both through my earlier article and by crying on the shoulders of anyone who would listen, we actually found leads for a few reasonable lenders that may want to work with us.  We also stumbled into an introduction to a private lending consortium that might want equity stakes in our future deals.  Consequently, we’re moving forward on the seven-unit building we mentioned in the last article.  We conducted our inspection last week and my “team” is hashing out the contract terms at this very moment.  I’m much more confident that we’ll actually be able to get financing … but I’m still insisting on a financing contingency, just in case.

The bank that initially denied our application to refinance our two-family house rather than make a counteroffer has surprisingly reconsidered their position.  I’m shocked.  One day I got a denial letter and my application fee refunded, the next day I got phone calls asking for the application fee back, and the next day I got a letter with a counteroffer.  Apparently their left hand doesn’t know what their right hand is doing.  These are also the guys who wouldn’t give me a straight answer as to whether I was employed (70% LTV limit) or self-employed (50% LTV limit), and *surprise*, I’m apparently employed!  I promptly accepted their commitment and hired a title company.  There are a few final due diligence items we have to provide, and we’re hoping to close in 2-3 weeks.  Incidentally, I haven’t sent back the application fee, and they seem to have forgotten about it.  (I hope they’re not reading this…)  Depending on how everything turns out, I may even give them a shot at financing the seven-unit building, too.  …but I still wouldn’t want to own shares of their corporation.

My own bank continues to baffle me.  After accepting that commitment from another bank to refinance the two-family house we own outright, I went back to the lending officer at my bank who didn’t want us using his HELOC as a down payment for a new loan.  I told him we’d use this cashout as the down payment for our next loan, but he still wouldn’t do it, arguing that we’d still be financing the new building entirely with debt, and that his underwriters weren’t comfortable with that.  I can see his point (if I really squint and crane my neck), and the crazy thing is that after debating with him, I honestly believe he can see my point, too.  Our total property value is greater than our total debt, so overall we have a reasonable LTV ratio.  However, since we own several properties, you could juggle the numbers to argue that any one individual property is 100% financed.  Logically, if you want to assign that much of our debt to the one property, it only makes the other properties look proportionally better, but if you then myopically only consider the one property that you’ve made appear over-leveraged by unfairly assigning debt to it, you end up with his underwriters’ concerns.

It’s not just the lenders who are as sharp as marbles, either.  The two side-by-side three-family buildings we wanted seem to have fallen through.  I thought we would have been considered for sainthood for our offer to this seller; he accepted it without a moment’s hesitation.  We wanted both buildings and were willing to pay cash.  He had four different loans that were going to need short sale approval and only two of the six units were rented.  Most people wouldn’t have touched it.  We paid for the inspection and there were no big surprises in the report.  We were all ready to negotiate contracts, but the seller’s attorney advised his client not to accept *any* contract changes we requested … and wouldn’t return my attorney’s calls.  Many of the changes we requested were just boilerplate minutia that we would have been happy to negotiate or concede, but there were a few deal-breakers that we just couldn’t waive.  For one, the two buildings share a common furnace, gas meter, superintendent, and fenced back yard, even though they were two lots.  We didn’t want to end up owning just one of the buildings under any circumstance – both or neither.  We needed each contract to be contingent on the other, and we couldn’t get their attorney to even discuss it with our attorney.  In hindsight, I think there are better deals out there anyway – in fact, my broker keeps sending them to me.

So, that’s it, then – you’re all caught up on our exploits and adventures.  We’re still looking at new opportunities and still trying to streamline and improve operations on our existing ones.  I’ll contact those new leads I got to lenders and mortgage brokers until I find some that want to make loans.  (Hopefully this means the pendulum has started swinging back to center.)  I’ll still consider other options, like private borrowing from friends, relatives, and associates, paying them more on their loans than their banks would pay them for savings.  I’ll negotiate with sellers to try to get them to hold notes on the buildings I buy from them.  I’ll keep my eyes and ears open for other opportunities to finance my investments, and I’ll try to keep my mind open to new ideas.  If anyone reading this is or knows of any banks, brokers, or private lenders who want to work with investors buying multi-family commercial-sized buildings, please contact me!  I don’t want to publish my email address here, but you can find it at http://MaverickStructures.com.

Brian Blum is the founder and operating manager of Maverick Structures LLC, a real estate investment, rental, and management company.  He owns, rents, and manages several pieces of investment real estate, and is always on the lookout for good opportunities, reasonable lenders, and rational partners.  Brian also founded, owns, and operates Maverick Solutions IT, Inc, a technology consultancy and support provider, serving mostly schools, NFPs, and SO/HOs in the New York Metro Area.

What does this mean to us?

October 3rd, 2010

Clay Sparkman

Okay, I don’t know about you, but whenever I read news about some new development in the real estate market, my first instinct is to say, “What does this mean to me?”  Hey I’m not proud of it, but that’s just how I’m wired.

This past two weeks we read that:

(1)  GMAC and JPMorgan Chase are being challenged with regard to the legitimacy of their batch judicial foreclosures, and are in the process of reevaluating their foreclosures for possible irregularities.

(2)  Old Republic National Title said this week that it would not issue policies on GMAC foreclosures until further notice.

(3)  Bank of America, the country’s largest mortgage lender (by assets), went a step further, saying on Friday that they would freeze all their judicial foreclosure actions pending a review for irregularities.

(4)  Richard Blumenthal, the Connecticut attorney general, asked judges in his state to put a halt to all foreclosures for 60 days so the “situation” can be further evaluated.

(5)  California’s attorney general, Jerry Brown, said that Chase should stop any foreclosures in the state until it proved that it was following proper legal practice.

(6) Chase said that they have now frozen 56,000 foreclosure cases.

So as I scratch my head and try to make sense of all this, the question is floating in the ether: What does this mean to us?  And by us, I mean those of us who are involved, directly or indirectly, in investing in private money loans.

Here is what I have come up with thus far.

(1) We are very happy that we are not title companies.  They are in a tough spot.  If they insure polices for these properties, they may end up paying enormous amounts in claims at some point, and if they don’t insure these properties, they will be turning away a great deal of business, and revenues will take a serious hit.  (Fidelity National Financial shares fell more than 4% and FATCO shares fell on the order of 3%.)

(2)  I think this is primarily impacting judicial foreclosures, so those of us who lend more on the west coast and generally in non-judicial foreclosure states, may not have too much to worry about, as far as any direct impact may go.  (Though it is not clear to me what is up with Chase in California, California being a non-judicial foreclosure state.)

(3)  If you are a private money lender, you probably aren’t doing large batch foreclosures and so again the problem may have very little direct impact on you.  The issue with regard to the judicial foreclosures is primarily related to large batch foreclosure processes involving thousands of loans at a time.  Apparently the issue involved inappropriately filing for summary judgments across the board and “robo-signers” in which mid-level executives would sign thousands of affidavits per month attesting that they had personal knowledge of the facts of the case.

(4)  With regard to the economy, this may actually be a good thing.  I was talking to my dear friend and wise attorney Jeff Hill on Friday and he said that he felt that this may be a sign that, though it is going to be messy, things are beginning to come to a head.  I’ll take that idea one step further and suggest that this might actually serve as a sort of damper or shock absorber, slowing down the resolution process just enough to allow a more gentle transition to occur.  (Of course, you could see this either way.  Maybe it would be best to have it all come undone and be done with it—the sooner the better.  The corrections must eventually take place.)

(5)  I think this may open some real opportunities for those looking to buy short sale properties.  Banks are going to be screaming to get these properties off their books.  And of course that opens up opportunities for private money lenders looking for quality loans.

(6)  Certainly this is good for home owners who are in foreclosure or on the brink of foreclosure.  They may have gained 1-2 years in their homes.

(7)  And of course, as always, this will be good for the lawyers.  Any distressed homeowner who doesn’t go out and retain a defense lawyer immediately is probably missing the boat.

I guess I am being fairly optimistic here.  It is certainly going to be a messy situation and it is difficult to know how it is going to all play out.  It certainly won’t be good for the banks.  And yet do we really care anymore what is good for the banks?

I’d love to hear from some readers out there.  What unforeseen impacts do you anticipate or see coming about as a result of this fiasco?

— Clay (clay@privatemoneysource.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.

Grumblings of a slum lord in the post-bust environment

September 24th, 2010

Guest post by Brian Blum, Operating Manager, Maverick Structures LLC

I’m a real estate investor.  I see opportunities in buildings – and in numbers, and I use those opportunities to create income and equity.  What I do benefits society, but I’m not going to lie to you – I am driven to do it for my own benefit, and society’s gain is a side effect.  Nonetheless, I can’t do it without society – I can’t charge more rent than the market will bear, else I won’t find tenants.

If I find a vacant building, foreclosed, neglected, and being sold off at a discount, I can buy that building, rehabilitate it, and offer it to society as additional housing options.  When I rent an apartment to a family, they have choices.  They could rent an apartment elsewhere, or they can rent mine.  If they choose to rent mine, it’s because it benefits them – it is the best choice being presented to them.  I have helped them by making that apartment one of the choices for them to consider, whereas it did no one any good by being vacant and uninhabitable.  To make that choice available to them requires an investment on my part; I have to see the opportunity.  I have to recognize that the building is being offered at a price that, after repairs, taxes, utilities, insurance, and legal costs, will earn me a profit.  I have to believe that the ratio of risk to reward makes that investment option a better choice for me than other investment opportunities; else I’d be better off choosing another investment opportunity.

If I’m too greedy, some other investor will snatch the buildings out from under me at a higher price, but if I’m too naive, I’ll pay more for a building than I have to, and my profit will be lower.  There’s something of a “survival of the fittest” element at play here, in that stupid investors tend to be out-performed by smarter investors, and that gives the smarter investors more of an opportunity to make more investments.  Even a smart investor, however, can’t possibly be a party to every deal in a geographic area, so there may be multiple investors in a given pond.

If I see a building that another investor has renovated, rented, and is offering for sale, I can alleviate him of his future risk by buying his building from him.  He might have to deal with slow-paying or even non-paying tenants, he might have to repair damages or ordinary wear-and-tear, or he might have to fight with his insurance company if his building is burned to the ground.  I undertake and relieve him of these risks, and in doing so, I create liquidity for him by redeeming his investment and a fair profit so he is encouraged and enabled to reinvest it elsewhere.  He can then buy and rehabilitate another neglected building, making it available to rent, and his motivation is that it will be a profitable endeavor for him, too, else he would make different investment choices.  When I buy it from him, although he has already done all the work to make it inhabitable and profitable, I am still undertaking risks, and I will be responsible for maintenance and management, so I still need to be compensated for my investment.  Consequently, before I will buy his building, I need to determine that the anticipated rent income will more than cover my expenses, and so much so that I will be rewarded for my investment more so than I would be rewarded in other investment choices at my disposal.  He wins, I win, and the tenants win … and the government taxes all parties to it.

Just as I can help another investor with his investment in a property, so, too, banks can help investors playing the property investment game.  Banks pay interest on deposits and charge interest on loans.  Nowadays there are many other ways for a bank to earn money, such as fees and various other investments, but the difference between the interest they charge and the interest they pay is one of their primary sources of income.  If a bank offers too low of an interest rate on savings, they won’t have money to lend, and if they charge too much interest, no one will want to borrow it.  On the other hand, if a bank pays too much interest on savings or charges too little on loans, they will not be as profitable as they could, and they will be out-performed by smarter banks.  Again, “survival of the fittest” comes into play.

Depositors are not, however, the only source of funds for bank loans.  The government also lends money to banks.  When the government lowers that interest rate, it compels banks to lower the rates they charge borrowers (in order to compete with other banks), and that makes borrowers borrow more money.  During the housing boom of the early 2000s, that was a major factor in the low interest rates banks were charging, which encouraged people to buy and refinance homes, and to take out new mortgages.  When the government raises that interest rate, (or when teaser rates expire in anticipation of that rate going up,) banks raise the rates they charge their borrowers, and that is one of the reasons that so many people can’t afford their mortgages today.

But there’s more to it than that.  There are limits to how much the government will lend banks, which is a function of how many funds they have on deposit.  When a bank lends money for a mortgage, they move towards that limit of how much they can borrow, so instead of keeping that loan on their own books and servicing it, taking perhaps 30 years to recoup their money, another government-related firm, Fannie Mae or Freddie Mac, buys those loans from them, replenishing the bank’s pool of funds for lending.  Without Fannie Mae and Freddie Mac, banks would run out of liquidity themselves and be unable to continue lending money to new borrowers.  Fannie and Freddie were chartered by Congress to buy loans, bundle them together into “mortgage-backed securities” and resell them to investors.

Fannie and Freddie set guidelines of what terms and debt-to-equity ratios were considered “conforming” loans, but as the market heated up, there was little verification of conformity, and ultimately, loans were made to sub-prime borrowers based on “stated income” or “no documentation,” rather than “full documentation” with “income verification.”  As long as the banks could unload these hot potatoes to Fannie and Freddie, they didn’t care, and as long as Fannie and Freddie could package and resell them to unsuspecting investors, they didn’t care.  Ratings agencies, such as Moody’s and D&B continued to give these mortgage-backed securities high credit ratings, encouraging pension and retirement funds to invest trillions in them, precipitating a disaster for hundreds of millions of average inexperienced investors who simply relied upon their fund managers to make decisions that they hoped would be in their best interests.

When interest rates went up and people started defaulting on their mortgages, the poison had already spread to millions of Americans and even to foreign investors.  Fannie and Freddie, who were chartered and funded by Congress, might have been fine if they had followed their mandates, but while the getting was good, they started drinking their own Kool-Aid; they started stockpiling mortgage-backed securities, investing the money that Congress gave them to perform their job – our tax money – in these poison investments.  When the ratings finally dropped, they couldn’t unload the loans to investors, so they couldn’t replenish their funds, and couldn’t buy more mortgages from banks.  Loan “conformance” guidelines got tougher and banks couldn’t unload their hot potatoes.  This meant that they had no replenishment of funds with which to make new loans.  Without loans, investors and homeowners couldn’t buy properties, and if you’ve ever studied the most basic tenets of economic theory, the principal of “supply and demand” promises that when demand decreases, prices will decrease, too.  Homeowners were now “under water.”  Not only couldn’t they afford the increased interest payments, but their home values had dropped, too, leaving many of them owing more than their homes were worth.

If you could buy a home for $200,000, or continue paying your $300,000 mortgage for a comparable home that was only worth $200,000, what would you do?  Many of them started walking away from their homes and their obligations.  Banks had to foreclose on them, but banks don’t want to be in the real estate management business, so rather than maintain and rent them, banks sell them.  Returning for a moment to basic economic theory, increases in supply also depress prices, so the foreclosure auctions further pushed the economy downward.  Banks were recouping only a fraction of their investments, making it harder still for them to make new loans.

There were a number of other factors contributing to the current economic downturn.  I haven’t even touched on how the crisis affected business loans, and consequently business development.  We can draw a clear line to connect the dots between businesses failing, stock market declines, unemployment, the credit crunch, reduced consumer spending, and a lower GDP.  That, plus increasing gas prices, tax-funded bailouts of banks and auto manufacturers that were “too big to fail,” the soaring costs of our “war on terror” and military actions in Iraq and Afghanistan, and the ballooning of government (most obviously demonstrated by the behemoth Department of Homeland Security and it’s prodigal child, the Transportation Safety Administration), have devalued our currency against other nations.  We could also discuss how inconsistent tax assessment laws and decreasing home values have created a barrage of tax grievances and court cases which have wreaked havoc with many municipalities’ budgets, creating more layoffs, reductions in municipal services (closing fire houses, reducing garbage pickups, consolidating schools, etc)  It’s really something of a “perfect storm” of financial catastrophe.

But that’s enough background – let’s get back to the story about me….  The pendulum has swung back too far; banks have become overly cautious.  They were encouraged by our government to make too many bad loans, got screwed, and now they’re reluctant to make even good loans.  As a real estate investor, that’s a problem for me.

I have three different investment properties in “the funnel” right now, and I can’t afford to close on all of them without help – one or possibly even two, but certainly not all three.  One is a six-family building for which we were waiting for the seller’s bank to approve a short sale; we’ve already lined up financing, and we’re hopefully moving forward with that one.  One is a seven-family building for which our bank just told us they’re not going to be able to lend us more money.  The last is two side-by-side three-family buildings, mostly vacant, which we may be able to buy without direct financing if we can get other ducks in a row.  Let me use these last two investments to highlight why I think the banks have gone too conservative.

If you had $1,000 in a savings account and $1,000 in credit card debt, the math is pretty simple: you have a net worth of $0.  However, if you were earning 1% on your savings and were paying 21% interest on your credit card, at the end of the year, you’d earn $10 but owe $210, so you’d end up with a net worth of negative $200.  From a purely-mathematical perspective, you’d be better off paying down the debt with the savings to maintain your net worth rather than lose ground every year in interest.  The guy who pays it down is clearly the better one at math, and the guy who doesn’t will get himself into worse and worse financial condition every year, probably never understanding why.  Overly-simplified, that’s our problem with the seven-family building.  We had some cash and a line of credit, and we used the cash to pay down the line of credit until we were ready to buy the building.  Now that we’re ready, our bank doesn’t want us to use that line of credit as a down payment for the property that we’re going to purchase with the loan they were otherwise prepared to give us.  Had we held onto the cash and not paid their line of credit down, they’d have no problem with us using that cash as a down payment, even though the end result would be the same debt, but we’d be paying interest on the line of credit in the interim.  Silly?  I think so.  If the property upon which we have the line of credit was a good investment and was sufficient collateral for the line of credit, and if the property we’re trying to buy is a good investment and is of sufficient collateral for the new mortgage, what’s the problem?  They’d apparently prefer to lend money to the guy who is worse at math.  I like my strategy better, but they seem to think they know something that I don’t.  I wish they’d clue me in as to what it is…

To fund the two three-family buildings, we’d be happy to get a direct loan, but after all the problems we’ve had with the new lending guidelines, we’ve instead tried to use equity we have on another property.  We own another small building outright and tried to get a loan against it.  They asked us what we thought it was worth, and we took an intentionally-over-inflated guess, figuring that if we guessed low, they’d never give us more money but if we guessed high, we could always borrow less.  Expectedly, the appraisal came back low, but rather than make a counter-offer, they declined our application.  I asked if we could be reconsidered at a lower amount, and they said they won’t consider another loan application on the same property until six months have passed.  What kind of stupidity is that?  To me, it should be quite simple: we have an asset that we now agree is worth $X, and we’d like to use it as collateral against a loan; the only thing left to decide should be how much debt-to-equity ratio the bank can approve, but instead, they’re just saying “No.”  I got a free appraisal (at their expense) and a refund of my application fee, and now I have to apply for a loan elsewhere.  Does that sound like good business to you?  Would you like to own shares of that bank?  I’m glad I don’t.

I didn’t want to muddy this article up with too many tangents, but there’s another thing that’s bothering me, so while I’m on a rant, let me get this one out, too.  That second bank has different debt-to-equity guidelines for people who are employed (higher) versus people who are self-employed (lower).  I asked which category I was, and I couldn’t get a straight answer.  I have several sources of income: I am employed and paid on a W-2 by a corporation.  I happen to also own that corporation, so when the corporation makes money, I get distributions on a K-1 as a shareholder.  I also earn money on my real estate investments, as reported on a Schedule E, and I have various other securities and instruments upon which I earn interest and dividends on 1099s that I report on a Schedule B.  If I sell stocks profitably, I earn capital gains, also on 1099s, which I report on a Schedule D.  If you’re going to jump to the conclusion that I am self-employed because I own the corporation for which I work, let me point out that lots of IBM and Walmart employees own shares of the corporations for which they work, but you wouldn’t think of them as self-employed.  How do you consider the people who have full-time jobs but also have side businesses DJ-ing at parties or taking photos at weddings?  Are they not, in that capacity, self-employed?  You would argue that those endeavors are but a small component of their income, and that the bulk comes from their regular jobs.  If so, then the bulk of my revenue comes not from my self-employed salary (if you insist on calling it that), but from my investments, so my self-employment revenue is also just a small component of my income.  As hard as I tried, I couldn’t get them to tell me how I’d be considered, so I’d never know how much debt-to-equity ratio to request, and since they don’t always counter-offer, and won’t let me reapply for six months, they’re basically telling me to take my business elsewhere.

There’s just one last thing along this vein that’s bothering me.  My corporation employs one other full-time W-2 employee besides myself.  He’s not a part-owner, so he’s clearly not self-employed.  He’d thus, be eligible for their higher debt-to-equity ratio loan.  If business gets bad, which one of us do you think is going to be fired first?  They’ll lend him more money despite the fact that his income is both lower and less secure!  Madness, I tell you.  I really wouldn’t want to own shares of that bank!

So what’s a real estate investor to do?  I’ll keep plugging away, trying more banks and mortgage brokers until I find some that want to make loans.  I’ll consider other options, like private borrowing from friends, relatives, and associates, paying them more on their loans than their banks would pay them for savings.  I’ll negotiate with sellers to try to get them to hold notes on the buildings I buy from them.  I’ll keep my eyes and ears open for other opportunities to finance my investments, and I’ll try to keep my mind open to new ideas.  If anyone reading this is or knows of any banks, brokers, or private lenders who want to work with investors buying residential multi-family buildings through limited liability companies, please contact me!  I don’t want to publish my email address here, but you can find it at http://MaverickStructures.com.  For one, I can’t wait for the pendulum to start swinging back towards center again.

Brian Blum is the founder and operating manager of Maverick Structures LLC, a real estate investment, rental, and management company.  He owns, rents, and manages several pieces of investment real estate, and is always on the lookout for good opportunities, reasonable lenders, and rational partners.  Brian also founded, owns, and operates Maverick Solutions IT, Inc, a technology consultancy and support provider, serving mostly schools, NFPs, and SO/HOs in the New York Metro Area.

The sweet spot

September 16th, 2010

Clay Sparkman

We are always looking for the sweet spot these days in the real estate market.  And by sweet spot, I mean that realm of  investments that are on balance less risky and more likely to turn a profit in what is otherwise a jaded real estate market.

I have gone on a bit in my blogs about REO properties, foreclosures, rehabs and quick flips–and I remain convinced that this is a sweet spot.  Investors are making some real money in this area in today’s market.

I haven’t talked much, however, about multifamily property, and it would be a shame not to, for that is another clear sweet spot in the current market.

See the following article at CoStar Group for plenty of evidence:

Investor Hunger for Apt. Properties Still Sharp in Second-Half 2010

As real estate lenders, of course, we look for the real estate investors who are working the sweet spots successfully.  We want to lend money to people who are making money and have figured out the market (or at least are figuring it out).  If the investors succeed then we succeed and it is as simple as that.

— Clay (clay@privatemoneysource.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.

A way to find qualified commercial borrowers – Lendicom.com

August 30th, 2010

Clay Sparkman

Most private money investors choose to work with brokers.  However it is a decision that each private money investor must make independently and with great care—to use or not to use a broker.

The essence of the matter I think is this.  If you want a full-time job (and some investors certainly do) then you may well decide to go it alone (without a broker), and essentially setup your own office geared toward managing the various aspects of investing in private money loans and hard money loans secured by trust deeds and real property (including promotion, underwriting, risk assessment, loan servicing, and workout/recovery).

If you don’t want a full-time job and are interested primarily in hands-on investing (in my opinion there is no such thing as hands-off investing in this niche), then you will want to shop for and eventually select a qualified broker to “partner up” with.

This post will be primarily of use to the former type of investor–as the first step in the process of placing trust deed secured loans is finding quality borrowers that meet your criteria.  This is not an easy thing.  At Fairfield, we receive about 300 loan requests per month these days and of those we end up pursuing maybe ten in a typical month.  On average maybe six of those will survive our underwriting process, be presented to one or more of our investors, and ultimately be closed through escrow and thus actualized as an investment.

If you are faced with this challenge, a web based tool known as Lendicom.com may be of interest to you.  The site is geared toward commercial lending, and allows borrowers and brokers to sign up and submit specific loan proposals to lenders who have also signed up online.  The lenders may be institutional or they may be singular individual investors.

If you are a hard money lender looking directly for commercial loans to fund, you may sign up as a lender and create an account that allows you to specify detailed criteria regarding the specific types of loans that you would be interested in and your particular criteria.  Then from time to time borrower proposals that meet your criteria will be submitted to you.  You may choose to either decline or pursue these proposals.  Ultimately if you place a loan which came to you through Lendicom, you pay 25 basis points to Lendicom (or a quarter of a point).  Otherwise you pay nothing for the use of this service.

In the interest of full disclosure, I am an officer and a part owner of the company that offers this site.  So consider me biased.

Still, I recommend that you check it out at the link below and see what you think.

www.lendicom.com

— Clay (clay@privatemoneysource.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.

Top ten loan offerings that you may choose not to review

August 16th, 2010

Clay Sparkman

We haven’t done one of these for awhile.  There is plenty to be serious about with regard to the economy, the real estate markets, and in particular, the market for trust deeds and private money loans.   There is plenty of uncertainty in these markets.  And yet, there are also some good things happening and I am beginning to see the emergence of some logical patterns (which favor those who deal in these markets).  At any rate, there is always room for a good chuckle.  So with that in mind, I give you the top ten loan offerings that you may choose not to review.

Drum roll please…

10. The loan packet is written in what appears to be ancient hieroglyphic on papyrus scrolls.

9. The loan broker informs you that in order to review the packet, you will need to find it in a rather elaborate scavenger hunt, and the first clue is …

8. The loan broker indicates that the entire loan packet has been adapted as a one-man solo performance art piece.  It will be appearing at the Museum of Modern Art in New York this fall.

7. When you ask the loan broker where you may get a copy of the packet, she tells you to place a tin foil hat on your head and wait for the electronic vibes to arrive.  “That could be right away or it could take many days.  You have to be at one with the universe.”

6. Mel Gibson is somehow involved in the broker chain.

5. Time is really of the essence.  You have precisely 1 hour and 19 minutes to review the packet.  Uh … that’s now 1 hour and 18 minutes.

4. You are instructed to go to the phone booth at 19th and Burnside and wait for a call.

3. “What do you want already?  Just frigging write the check …”

2. The borrower’s story is about to be made into a major network TV movie starring Bruce Dern.

1. You want to see a loan packet.  Fine.  There is an app for that.

— Clay (clay@privatemoneysource.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.

Getting started with private money – the dating thing

August 5th, 2010

Clay Sparkman

I am frequently asked by private money investors:  “… so how do we get started investing in private money loans?”  You know, there is no simple answer to this question.  I tell them that it is kind of like dating.  If we are going to do this as an investor/broker team, then they need to get to know me and how I work and I need to get to know them and how they work.  We both need to develop a degree of trust, which generally requires the passage of time and developing a sense of familiarity.  And frequently the investor (if they are not immensely experienced) needs to learn more about how private money lending works—from A to Z and back again: they need to know everything they can possibly know in order to make good choices and feel comfortable with this type of investing.

Generally this process takes some combination of phone calls, e-mails, and from time to time, a personal meeting.  It has always been my opinion that we are seeking compatibility in two areas:  (1) we are attempting to determine if we are functionally compatible.  That is, we would like to assess whether or not we offer a good fit in terms of our specific needs and, at the same time, what we can offer to one another, and (2) we are attempting to assess our stylistic compatibility.  In other words, we are attempting to determine whether we have similar values and whether we tend to function well together as a team.

I encourage “new” investors not to rush the process of getting to know me and getting to know how this type of investing works.  They are invited to ask as many questions of me as they like or need in order to reach a point of comfort, and to do so for as long as they need to.

Potential investors can learn quite a bit about private money by studying our web site and following my blogs.  And certainly, the web site is a place where they can get to know us better as an organization.

We have strong convictions with regard to the nature and integrity of the investor-broker relationship. Our basic principals may be summarized as follows:

  1. We believe that fixed return instruments (Deeds of Trust and contracts) secured by real property are an excellent investment alternative.  They combine a high degree of safety and predictability with the larger returns usually associated with equity style investments.  However, as is true with all investing, it is important for the investor to move forward with a clear mind and open eyes.
  2. We believe that it is our job to attempt to discover and provide to our investors all the relevant information pertaining to a particular investment offering.
  3. We will NEVER pressure our investors. Our job is to provide information and provide assistance with the analysis, but not to otherwise influence the investor’s decision-making process.
  4. We will not abandon our investors after a particular loan is closed. For the full life cycle of the loan, we will be available to assist our investors with the process.
  5. We are not interested in one-time loans from investors, but rather in building ongoing investor relationships. We do not require an exclusive relationship with our investors, but DO ask that they engage in a relationship of mutual respect, and ask for–as well as offer–the benefit of clear and honest communication.

In addition, investors are encouraged to know and understand the following with regard to what we offer:

  • We broker loans secured by beneficial interest positions in deeds of trust.  We do not pool funds.  With each investment, our investors directly hold a beneficial interest position in real estate.
  • We perform rigorous screening of all loans, and present investors with a detailed packet of information designed to assist the investor in making a solid decision on whether or not to invest in a particular loan.
  • The interest rates on our loans range from 11% to 15%.  This is paid straight through to the investors.  (We generally do not receive a portion of the interest for brokering or servicing the loan.)
  • The investor does not pay a loan servicing fee.  (This fee is paid by the borrower.)
  • We provide turnkey servicing of investor loans that we place.  We mail out payment coupons, receive and mail or direct-deposit borrower payments and perform a full range of collection accounting services, including payoff quotations, verification of mortgage and mortgage history reporting, and 1098/1099 reporting.
  • If a payment is late or any other default situation occurs, we contact the borrower directly and report to the investor regarding the results of our communication.
  • If a workout is required to get a non-performing loan back on track, we attempt to assist in the discovery and negotiation and documentation associated with the process.
  • In the event of a potential lapse of insurance coverage, we are prepared to force place insurance using our provider, to protect the investor collateral.
  • If legal action is required due to a default situation, we provide advice and guidance to our lenders and assist in leading them through the legal process—if they wish—using our legal representatives.

Ultimately serious investors will be invited to speak to one or more of my existing investors—so as to hear from those who have already been down this path with Fairfield.

Also, I have a series of questions that I always make sure to ask before I make a decision to begin working with an investor.  These include the following (at a minimum).

  1. What state do you reside in?
  2. We currently broker loans on real property secured by transactions in 14 states.  Would you be willing to consider trust deed investments in a variety of regions?
  3. Do you want to inspect each property yourself or are you okay generally with utilizing our inspection?
  4. How much money are you looking into putting into trust deeds at this point?
  5. What would your optimal investment amount be per loan?  What would your maximum loan amount be?
  6. How much experience do you have investing in deeds of trust?
  7. Are you an accredited investor?  (Generally speaking this means that you make $200k or more per year OR otherwise have a net worth in excess of 1M.)
  8. Will you consider taking a fractional share of a beneficial interest?  This means that you are a partial lender on a loan.  You take a direct position on the loan, but only a percentage share and a handful of other individuals share a position on the loan with you.)
  9. What is your target rate of return?
  10. Do you charge any fees or points?
  11. Are you okay with having us (or in certain cases our attorney) draw the documents?
  12. How fast can you generally move to make a decision on a loan?
  13. Do you have any types of real estate secured loans that you particularly prefer (with regard to property types)?
  14. Do you have any types of real estate secured loans that you will not do?
  15. What is your own personal maximum LTV?
  16. Our minimum investment into a loan is $50,000 is that acceptable to you?

Finally we reach a point where all the questions have been asked and we need to make a decision about working together.  It may take two weeks to get to this point or it may take 6 months.  Sometimes it takes a year or longer.  Remember, we are dating.  We are getting to know each other.  And we are both seeking a long-term relationship.  So we want to get to know each other well.

Once we decide that we are pretty sure we like the way things are going, we roll up our sleeves and begin working together.  At the end of the day, this is what it really takes to get to know each other and to get to know the private money investing process.  This starts with me bringing fully vetted and live loan packets to the investor, one at a time, as I finish vetting those that may be a good fit for that particular investor.  The investor is able to examine these packets in detail, ask questions relevant to the decision process, and request additional vetting or discovery if she feels such is needed.

An investor is encouraged to always say “no” if they are not comfortable with a particular offering.  But at the same time, they are expected to be timely in their response and to examine the offerings carefully and with rigor.  At the very least this is a superb learning process and in most cases, it leads to our first loan together.  And I have found that once we have done the first loan together, the rest are a whole bunch easier, and we are likely to do many more in the years to come.

— Clay (clay@privatemoneysource.com, 503-476-2909 or 800-971-1858)

Clay is Vice President of Fairfield Financial, a primary source for private money loans since 1964.  Fairfield works with a broad range of private money investors, in a broker capacity, finding, underwriting, presenting, closing, servicing, and when necessary, assisting in the workout of difficult loans.