Understanding Lien Positions for Hard and Private Money Lenders

Understanding Lien Positions for Hard and Private Money Lenders

Rental Property Investor · Winter Haven, FL · Member since 2018 · 68 posts · 20 votes

Ok, so good news first! I've recently been in touch with someone who's willing to fund about 50% of the purchase price of my next investment property! It's great, but it also leaves a significant portion of the deal unfunded. Ideally, he would just give me that money and I could go to another lender and say, "Hey, I've got this money, let's do business!" Unfortunately, I don't think it's going to be all that simple.

I really need to ask my guy what his terms would be. When we showed him the property I was looking at, he basically just threw out a number he would be willing to put forward and then some basic terms for interest rates and points. There was never any discussion on how that money should be used or whether or not he was to have a lien position, or any of that. I know, I need to clarify that with him..

I just got off the phone with another Hard Money Lender. During our conversation I asked what he thought about someone else funding a large part of the purchase price and he said something to the effect of, "well, as long as he doesn't want a lien position, we don't really mind." 

What should I do? I know I need to talk to the Private Money guy and see exactly what his terms are, but is this typically the situation? I've heard that you can use Hard Money to fund the majority of a deal and use Private Money to fund the remainder. I know the PML is going to want some security, is there some other way to offer that? When it comes to the HMLs, are there companies that don't mind another investor being involved? How is that usually resolved? How do you determine who get's first and second position? How can I structure this so that everyone is protected and we can get this deal 100% funded, with nothing coming from me! That'd be the ideal situation for me!!

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  • Lender · Los Angeles, CA · Member since 2009 · 1k+ posts · 2k+ votes
    6y

    Neither of these lenders seem particularly competitive, @Tim Crosby. One will only loan 50% of the purchase price and the other will not allow a 2nd behind their first? I would keep looking. In this environment, it would be hard to toss a stone into any local real estate club and not hit a potential lender.

    Some private/hard money lenders will not allow a second but many will. There are good arguments either way and no right or wrong answer here. For example, we like other lenders behind our loans because it provides others with something to lose, and potentially pay us off, if a loan defaults. Others will argue it allows the borrower to become over-leveraged.

    You didn’t mention what you are buying but there are many lenders who will loan 80% to 90% of the purchase price plus 100% of the rehab if this is a flip. I’m sure there are equally competitive lenders for buy and holds short term (obviously you’d want to refinance out quickly). With some experience, 100% funding is conceivable. For example, all of our of experienced flippers do this.

    I really just think you have to keep looking. Also, make sure you have a list of questions to ask for your first conversation. Try this thread: How to Vet a Private Lender.

    Good luck, Tim.

  • Rental Property Investor · Winter Haven, FL · Member since 2018 · 68 posts · 20 votes
    6y

    Thanks @Jeff S.! Yeah, the 50% guy is someone I met through my preferred agent. He wants to be in first position and the other HMLs that do allow other investors, they also require first position. I'm definitely going to keep looking. There's always a way to get a good deal done, but being that I'm just starting out with very little capital or experience of my own, my options are limited and this puzzle is more complicated. I'm sure I'll get it figured out eventually though!!

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