Why I am Leery of Seller Financed Paper / CFD's which are Non Performing

Why I am Leery of Seller Financed Paper / CFD's which are Non Performing

Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

Recently the CFPB came out with an opinion on contract for deeds / land contracts etc and one of the issues discussed in them is the lack of appraisal and inflated valuations. For those who invest in seller financed paper. Here is a great example why.

I recently saw this asset come across my desk which was a non performing loan where the seller was a year behind (they made one payment I believe - even though they were allegedly properly underwritten). The balance of the loan is $85,000.

The seller was looking for around $40k for the loan.

What sticks out? Well the fact that this loan could not sell on the market for $37,000 has me believing that this property is not worth near $85k and not even at the $40k the seller is asking. The property is probably worth $25k-$30k.  So if a note investor bought this for $40k, spent $10k to foreclose and be in it for $50k and end up with a $25k property - they will not be in business long. 

So my cautionary tale is when buying seller financed paper, make sure you are very in tune to the value of the property.

PS: Even if this started out as performing, same concept applies - make sure you know the numbers/values of the property.

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  • Lender · Charleston, SC · Member since 2019 · 1k+ posts · 1k+ votes
    2y

    I read the CFPB opinion on contract for deed just this morning. Pretty interesting stuff in it. I suspect we will see more regulatory action around these and subto's in the coming year or two as many of these loans start to go bad. My guess is they will change the definitions to attach TILA/RESPA/Reg Z to every seller financed transaction involving primary residences. 

  • Dan DeppenBusiness Member
    Erie, CO · Member since 2017 · 274 posts · 267 votes
    2y

    Inflating prices on seller finance sales is all too common. An unsophisticated borrower can focus on their mortgage payment vs. rental rates instead of what the property is worth.

    In the example above, the $85K sale price could be justified if the seller did an extensive rehab, but they wouldn't be trying to sell the note for $40K if that was the case. And the loan wouldn't be non-performing if it was properly underwritten.

    I was a little surprised by the CFPB opinion. I guess I was misinformed, but I had thought all along that the Dodd Frank / TILA / etc rules already applied to land contracts.

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