Promissory Note for Down Payment?

Promissory Note for Down Payment?

Member since 2019 · 17 posts · 7 votes

Hi BP,

I'm looking for guidance on how promissory notes can and cannot be used for acquisitions.  I have a few sources of private money I can tap into, and I'm somewhat confused on how I can make the most of the private money available.  I'm highlighting the two scenarios I find myself in below, and looking for some guidance here:


1)  Source enough private money to completely fund a property/deal.  I'd be working with my lawyer on drafting the promissory note as there would be multiple lenders involved in this situation.  The properties identified for this route would be value-add with a cash-out refinance or sell the property as an exit strategy.  

2) Source enough private money to fund a down payment on a property.  Let's assume the property is 4 unit or less for the sake of maintaining consistency with residential loans.  Same strategy as above - but my questions arise with how a promissory note and/or deed of trust typically work with a mortgage.  Would this essentially be considered a secondary lien on the property or is it viewed differently by the bank?  Most banks I've talked to (local banks) are not allowing a secondary lien on the property (at closing at least).  Is there a work-around here?   Thus far, this seems to be a non-negotiable with the banks I've talked to.  Any guidance here is appreciated!

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Lender · Palo Alto, CA · Member since 2017 · 142 posts · 91 votes
6y

@Adam Budgin - As a lender, I want to make sure my investment is secured as a 1st Position Lien against the asset. However, if you're able to negotiate an unsecured loan / line of credit through Private Lenders you've used for a while, perhaps for a higher return due to a higher risk factor, you could technically omit the fact that it's a loan, as it's already been funded into your account, "seasoned" and ready to deploy as needed... ? Just a thought!

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  • Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes
    6y

    If the note would be collateralized by the property then it would be a lien and pretty much every institutionalized lender won't do a deal that way. If they're going to fund the entire purchase you'll probably want to talk to a securities lawyer if you're talking about multiple lenders for a property purchase.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    6y

    Agree with above.  Even if your private lenders weren’t requiring a lien/mtg, you still have to reveal any loans from them And provide documentation/source of funds for your down payment.  In short, borrowed down payments don’t work with conventional/traditional mortgages.

  • Member since 2019 · 17 posts · 7 votes
    6y

    Thanks @Odie Ayaga  

    @Wayne Brooks - agreed.  I have a handful of traditional mortgages no real way of using OPM for a down payment without their name on the title as well.  However, I am curious if you or anyone else has had success with a local portfolio lender allowing secondary liens.

  • Lender · Palo Alto, CA · Member since 2017 · 142 posts · 91 votes
    6y

    @Adam Budgin - As a lender, I want to make sure my investment is secured as a 1st Position Lien against the asset. However, if you're able to negotiate an unsecured loan / line of credit through Private Lenders you've used for a while, perhaps for a higher return due to a higher risk factor, you could technically omit the fact that it's a loan, as it's already been funded into your account, "seasoned" and ready to deploy as needed... ? Just a thought!

  • Member since 2019 · 17 posts · 7 votes
    6y

    @Jaspreet Baveja Thanks!  And as long as I can find a lender who doesn't need to show source of funds for the past 60 days, all is good....but I"m expecting a higher rate loan for that as well.  Thanks again!

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