Selling a portion of STR rent as a Note

Selling a portion of STR rent as a Note

Investor · Las Vegas, NV · Member since 2018 · 35 posts · 5 votes

Hi. Notes Newbie Question for any experts on Notes. Is what I want to do legal, is it a thing, and is there a clever way to structure such an instrument where it is legal?

PREMISE: a STR is net cash flowing $3,000 per month with a $150,000 investment, generating a 24% cash on cash ROI for the investor.

Can the initial investor SELL $1,000 per month net cash flow for a lump sum of $75,000, generating a 16% CoC ROI for the second investor? Can such an investment be structured where the property is owned by an LLC, and the second investor gains 2nd position lien for such a Note.

If this is not a thing, or not legal, I appreciate if anyone can point me to the law (Federal or other) or other regulations that forbid this.

Cuz it's a pretty cool idea, right?

Imagine having a $3,000 per month net cash flow after an initial $150,000 investment. 

You could sell off $1,000 per month for $75,000 giving the new investor 16% ROI, and raising your ROI to 32% ($24,000 annual net cash flow divided by $75,000 capital investment).

You could then sell off the next $1,000 per month cash flow for $75,000, giving that second new investor a 16% ROI, while keeping $1,000 per month cash flow for yourself, and raising your ROI to infinite (no capital in, yet positive cash flow).

If this is not legal, why not?

Thank you Note Masters for educating the newbie.

Steve Fogarty

Las Vegas

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  • Investor · Raleigh, NC · Member since 2019 · 314 posts · 280 votes
    6y

    I don't know of the legality, but my question is whether or not Investor #2 and Investor #3 get any equity in the home.  If not, what is my incentive to give the $75k other then the $1000/month?

    Joe

  • Investor · Las Vegas, NV · Member since 2018 · 35 posts · 5 votes
    6y

    Hi Joseph thanks for replying. A 16% ROI beats the return most folks are getting, right? And I don't know how it would be structured, it probably would put a 2nd or 3rd position lien on the property, which is not that attractive, but as a passive cashflow vehicle it seems it would be very attractive to many people with cash earning nothing in the bank, or cash at risk on Wall Street. I'm interested in your thoughts on this as a thing. Thanks.

  • Lender · Santa Rosa, CA · Member since 2017 · 283 posts · 255 votes
    6y

    I can't think of a legal problem with the structure. However, it doesn't make sense. Cash on Cash is good for selling and marketing notes but generally terrible for the buyer. With a property purchase, CoC is intuitively aligned because it presumably is returned at liquidation (hopefully with appreciation and principal paydown!) However, in a note - it is generally disappearing. This means at the end, you have nothing because your principal was part of the 75000.

    Scenario 1 - It is fully amortized. Simple math, if it was a 75 month note, your "investor" got 0% return. If you did a 30 year note, it would be nearly a 16% return.

    Scenario 2 - It is interest only, in that case - it is a 16% return. However, that means you just took out an interest only loan at 16%. If you are interested in that, secured by real estate - please DM as I'm a Hard/Private/Bridge lender.

    If you think about it, a well executed BRRRR is infinite return and basically what you are talking about. There are a host of questions about term, security and equity. Here is my recommended structure but I do have a big question about the underlying value of the property and the current debt on it.

    Structure a partnership where you get 1/3 ownership and the "money" gets 2/3rd. If you are responsible for all the actions including long term financing that is a reasonable starting spot. Return of their capital would have 1st priority. Does that make sense?

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