The Sale of Non-Performing Notes May Change Your Business

The Sale of Non-Performing Notes May Change Your Business

Specialist · Detroit, MI · Member since 2016 · 9 posts · 4 votes

“The sky is falling,” says Chicken Little. The sky may not be falling, but, there are signs that experienced real estate flippers would do well to notice. Astute business people know that when something becomes “popular,” it is time to start looking for the exits. Before the stock market peaks, there is a noticeable increase in “water cooler” conversations about hot stocks. When real estate loans were so easy to get, hairdressers could qualify multiple high end properties, or when rap mix tapes and CD sales out of car trunks impacted traditional record store sales, it was clear that an adjustment was about to occur in the marketplace. Have you noticed that “flipping” has become sexy? Have you noticed all of the shows about flipping real estate, which has never happened before? Have you noticed the increase of the seminars, workshops, and gurus selling their wares that will guide you to riches by flipping homes?

Freddie Mac and Fannie Mae have began selling their “Non-Performing Notes” to institutional investors. First of all, what are Non-Performing Notes and where did they come from? Here is a quick primer.

When a person decides to purchase a home, often times Fannie Mae or Freddie Mac will insure the loan, which allows the borrower to have a lower down payment. When the borrower stops paying on the loan, thus defaulting on the loan, the lender, goes to Freddie Mac or Fannie Mae to collect on their “mortgage insurance policy.” So, Freddie Mac/Fannie Mae pay the bank according to the dictates of the policy, and the lender transfers the note to Freddie Mac or Fannie Mae as consideration for collecting on the policy. So now, Freddie Mac and Fannie Mae has an inventory of defaulted, non-performing notes, which are backed by the homes.

Now, Freddie Mac and Fannie Mae are selling these Non-Performing Notes back to some of the same institutions that originated the loans in the first place. Now, this is where it gets interesting.

These borrowers have not paid on the notes for up to 6 years. And the stated expectation/hope of Fannie Mae and Freddie Mac is that the institutional purchasers of the notes will work with the borrowers so that they can keep their homes. Yea, right.

Freddie Mac Non-Performing Loan Sales by 6 months

To date, assuming that each loan represents a property, over 75,000 properties backed by Non-Performing-Notes have been sold to institutional investors by Freddie Mac (37,787) and Fannie Mae (37,640). That represents over 5% of the annualized housing starts. We cannot expect that the Non-Performing Note sales are over. More sales will come.

So, what are the institutional investors going to do with these notes? Will they work something out with the borrowers? Will they foreclose? If they foreclose, what will they do with the properties? Will they sell them one at a time or sell in bulk, like they bought them? Who would want to buy them, $1 billion at a time, like they were bought? Is it possible that home builders could purchaser these homes in bulk and rehab them, as a way to grow their business that has not reached the pre-bubble levels?

Major home builders have the economies of scale for labor and material to rehab properties that local “fix and flippers” will not be able to compete with. And, it is the local companies that are getting some of their financing from friends and family IRAs and 401Ks. The sky may not be falling, but, there are things on the horizon to start noticing. As surfers say, “Its not the shark you see that is the problem.”

http://fanniemae.com/portal/funding-the-market/npl/index.html

http://www.fanniemae.com/portal/about-us/media/financial-news/2015/6235.html

http://www.housingwire.com/articles/37032-goldman-sachs-subsidiary-again-buys-non-performing-loans-from-fannie-mae

http://noteinvestor.com/buy-notes/billions-non-performing-notes-selling-2015/

http://www.dsnews.com/news/02-10-2016/fannie-maes-largest-non-performing-loan-sale-ever-the-winners-are

http://www.urban.org/sites/default/files/alfresco/publication-pdfs/2000568-Selling-HUD-s-Nonperforming-Loans-A-Win-Win-for-Borrowers-Investors-and-HUD.pdf

http://www.dsnews.com/news/02-10-2016/fannie-maes-largest-non-performing-loan-sale-ever-the-winners-are

http://www.tradingeconomics.com/united-states/housing-starts

http://www.freddiemac.com/npl/non_performing_loan_offerings.html

http://www.housingwire.com/articles/37530-fannie-mae-announces-winners-of-non-performing-loans-sale

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Note Investor · Austin, TX · Member since 2012 · 602 posts · 357 votes
10y

@Mark Gallagher and @Mark Warlick, I've been buying NPN's since 2007. I've bought both in pool basis and one off basis for years. While Fannie and Freddie are selling these large pools off, there are a ton of other lenders and banks moving NPN's off as well on smaller trades (from the single asset up to hundreds).

What you have to realize is that the foreclosure is not the ultimate goal.  My goal isn't to foreclose (even though it happens half the time).  It's to reinstate or modify the loan for cash flow and then to sell the loan off as a reperformer in 12+ months.  Of course I end up with deed in lieus, short sales and foreclosures along the way, but by modifying/reinstating or letting the borrower find someone to assume/take over the loan, I get immediate cash flow without having to do major rehabs and employ/hire huge construction staffs.  

Yes, I also buy vacant assets that I have to foreclose on, but the longer the FC process is,  the cheaper I get the assets at.  I don't usually pay above 50% of AS IS value, which leaves me plenty of room for FC, servicing costs, and any repairs that I might need (depending on the asset). 

I've been a fix and flipper in Austin before.  I've rehabbed homes for 15 years.  The note game is much cleaner.  And the Fannie and Freddie assets that have been sold will trickle down to smaller investors over time on stuff that doesn't meet their requirements or game plan.  You'll see plenty of sub $100K valued asset hitting the markets that still make sense to buy, modify or foreclose on and flip.

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  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    10y

    @Mark Warlick

    I've been following these trends, but I'm not sure I grasp the point of your article. 

    To me, these sales have been more about how Fannie/Freddie are trying to get out of their traditional method of REO sales. Easier to take a bigger loss but get rid of large chunks of their portfolio at a time. Then they don't have to pay realtors, field services, asset managers, etc.

    I never really equated all of this to "bad" news. 

  • Specialist · Detroit, MI · Member since 2016 · 9 posts · 4 votes
    10y

    Thank you for your response @Mark Gallagher. The point is that I think that there is a potential for major home builders to enter the rehab market, thus challenging/redefining the "fix and flip" model. I think it is easier for the institutional investors of these notes to foreclose, then unload in bulk to the home builders. I agree that it is easier for Freddie/Fannie to get out of their traditional method of REO sales. But, that is only part of the story. The question becomes, what happens after Freddie/Fannie liquidate? These loans have not performed for 4-6 years. Yet, the underlying assets have appreciated.

  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    10y

    They're selling these notes pre-foreclosure though which adds an entire additional layer for any "builder" to enter the game. They'd need title/legal/evictions rather than getting the deeds directly. If they could piece down these pools for the low-mid size investor to pick up, maybe they'd have more success and sell at a higher margin. Right now it takes deep pockets to get into this space. 

  • Note Investor · Austin, TX · Member since 2012 · 602 posts · 357 votes
    10y

    @Mark Gallagher and @Mark Warlick, I've been buying NPN's since 2007. I've bought both in pool basis and one off basis for years. While Fannie and Freddie are selling these large pools off, there are a ton of other lenders and banks moving NPN's off as well on smaller trades (from the single asset up to hundreds).

    What you have to realize is that the foreclosure is not the ultimate goal.  My goal isn't to foreclose (even though it happens half the time).  It's to reinstate or modify the loan for cash flow and then to sell the loan off as a reperformer in 12+ months.  Of course I end up with deed in lieus, short sales and foreclosures along the way, but by modifying/reinstating or letting the borrower find someone to assume/take over the loan, I get immediate cash flow without having to do major rehabs and employ/hire huge construction staffs.  

    Yes, I also buy vacant assets that I have to foreclose on, but the longer the FC process is,  the cheaper I get the assets at.  I don't usually pay above 50% of AS IS value, which leaves me plenty of room for FC, servicing costs, and any repairs that I might need (depending on the asset). 

    I've been a fix and flipper in Austin before.  I've rehabbed homes for 15 years.  The note game is much cleaner.  And the Fannie and Freddie assets that have been sold will trickle down to smaller investors over time on stuff that doesn't meet their requirements or game plan.  You'll see plenty of sub $100K valued asset hitting the markets that still make sense to buy, modify or foreclose on and flip.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Mark Warlick  I don't see large homebuilders entering the fix and flip market at all.

    its completely different set of skills and management.

    along with the sub base is completely different than new home sub constractors.

  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    10y

    @Scott Carson

    Are you really able to do loan mods 50% of the time, that seems very high and not what I would expect over a 9 year period. Are you counting DIL, SS, etc. in that 50%? 

    I love notes.. even though they certainly don't have sex appeal of doing a flip. But, I'm working off a small sample size of note purchases.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Mark Gallagher my experience in the reperfoming arena is that who ever buys a reporfoming note at 12 months will probably have a NPN at 24 months LOL.. I did a hell of a lot of foreclosure work over the last 20 years and once people go down the road they have a heck of a time changing behavior.. but that's my experience

  • Specialist · Detroit, MI · Member since 2016 · 9 posts · 4 votes
    10y

    Thank you all for well thought out responses.  I appreciate all the experience that was brought to the table.  I find interesting that when analyzing the housing starts data, we can clearly see that the builders changed models to determine housing starts in the mid 80's and again in the mid 90's.  The year to year variance of housing starts has become tighter over time.  By the time the last bubble hit, the year to year variance was miniscule.  We know this by experience in that builders no longer build an entire subdivision, then wait for buyers to show up.  Now, buyers have to qualify and provide a substantial deposit before the builder will lay the foundation. This shows that the industry is willing to make adjustments for its own survival.   They are smart and will make corrections.

    We all know that having multiple exit strategies is important.  I dont think that anyone can state that any specific exit strategy will not be used.  As I am sure we have all been in board rooms where a strategy and plan was developed to penetrate a new market or utilize a new technology.  Of course there are problems.  And, builders can certainly look at the money being made by fix and flippers and wonder how they might participate, particularly given that they are not building like they have in the past.  Any executive worth his salt is always looking to increase revenue and profits.  This is a strategy question/issue.  Do you think any major builder in the land have thought about it?  Thanks again. @Scott Carson and @Mark Gallagher and @Jay Hinrichs and @Account Closed

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    10y

    @Mark Warlick  obviously market dictates strategy along with bank restrictions.

    spec home building is a live and well.. Just more controlled.. your correct gone is the day the banks would give 40 spec loans in one subdivision.. but they still do spec loans.. if you had to have presales construction would grind to a halt.

    So if I look at myself for example here in PDX were I am just a little guy... My bank will give me 12 spec loans at once and then your statement about pre sales before foundation comes into play pre sales don't count against my 12 spec loans..

    Both Lennar and DR in our market do not sell houses until they are 95% complete so they are building their inventory all spec and that's 400 plus homes a year for each of them.

    as the market has gotten hotter in the last 3 years most builders ( as long as they have vertical) will not put home on market until its at least sheetrocked.. REASON  cuts down on buyer interaction and change orders that slow the process down.. buyer thinks they are getting a custom home LOL..  

  • Flipper/Rehabber · Allentown, PA · Member since 2011 · 1k+ posts · 701 votes
    10y

    @Mark Warlick

    I have seen Caliber take on large pools of these loans. We will typically recommend to them that a home be marketed repaired depending on location and current condition. This isn't exactly what you're talking about, but a close hybrid. 

  • Note Investor · Austin, TX · Member since 2012 · 602 posts · 357 votes
    10y

    @Mark Gallagher  We target owner occupied assets where rent rates are higher then the existing mortgage payments.  This helps us maximize our modification ratios.  DIL's fall into our lap around 30% of the time (some started as mod's but failed).  We count Short Sales as a deed in lieu for our tracking.  Foreclosures are going to happen around 25-30% of the time but we keep that amount low as we offer a cash for keys scenario to help expedite the velocity of our capital.

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