Analysis of Performing Notes

Analysis of Performing Notes

Investor · Arcata, CA · Member since 2015 · 89 posts · 12 votes

Hey BP,

I’m looking to purchase my first performing note. While there are plenty of resources related to non-performing notes, I’m having trouble finding anything that can give me guidance on 1st position performing notes. There seem to be the following areas that I need some help with:

Financial Analysis

Local market conditions and the property notwithstanding, analysis of the mathematics of a note seems relatively straight-forward. I’m not looking for risk analysis here, just black-and-white analysis of the financials assuming all risk is equal.

It seems that you want to buy an unpaid balance with as high an interest rate as possible, at as much of a discount as possible. What else do I need to consider? Assuming I want long-term cash flow (primary goal) and to protect/grow capital in the process (secondary goal), what benefits or drawbacks do balloon payments have? Are there other repayment factors I need to consider?

I need guidance here.

Risk Analysis

This is something I’m more familiar with. Analyze borrow’s ability to repay, credit score, seasoning of the note, property condition, value, location, market trends, etc. I feel more comfortable with this.

Logistics of Buying a Note

When you buy a note either from a broker or a seller, what documents do you need to ask for? What is the primary thing to look for on each document? Does the borrower need to provide anything like insurance documents, etc that would be important for me to look at?

When you’re ready to purchase, what legal resources or paperwork do you need drafted? Who does this and how much does it cost?

On-going Upkeep

How do you make changes/amendments to the note assuming something happens like property taxes or insurance goes up or down. Or, the borrower and myself agree to make amendments. Is this done through a RE attorney?

What do I need to look out for if payments are being made on time?

To what extend do companies who service loans get involved in collecting late payments, etc? How much does it run to have a loan servicing company collecting rents, and is this recommended?

Any information would be much appreciated!

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Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
10y

You're right @Eli Kallison, there is much more information on purchasing non-performing notes than performing notes.  I personally think it is because there are so many brokers that make a commission from selling non-performing notes and those of us that deal in performing notes lend our own funds and cannot use a broker to sell our notes (don't really need to) and can't make a public offering so they don't become securities requiring us to have a securities license.  I would be happy to email some due diligence performing note information to you if you would like to PM me.  Thanks Eli!

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  • Rental Property Investor · Lindon, UT · Member since 2015 · 862 posts · 438 votes
    10y

    You're right @Eli Kallison, there is much more information on purchasing non-performing notes than performing notes.  I personally think it is because there are so many brokers that make a commission from selling non-performing notes and those of us that deal in performing notes lend our own funds and cannot use a broker to sell our notes (don't really need to) and can't make a public offering so they don't become securities requiring us to have a securities license.  I would be happy to email some due diligence performing note information to you if you would like to PM me.  Thanks Eli!

  • Real Estate Investor · Hilo, HI · Member since 2015 · 134 posts · 14 votes
    10y

    Good Post & Questions Eli!

    @DARREN eady you are always so helpful. 

  • Queen Creek, AZ · Member since 2014 · 2k+ posts · 1k+ votes
    10y

    @Eli Kallison  Start with the note and the Mortgage.    Make sure all the assignments are signed, and each owner has recored the mortgage.

    Then check that the property is in good condition and its value supports what you are looking to pay for the note (keep investment <65% of value) by ordering a BPO.  Order and EnO report to check for liens or title defects.

    Call the local tax authority and check for the tax status and anilines,

    Good luck.

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    10y
    Originally posted by @Darren Eady:

    You're right @Eli Kallison, there is much more information on purchasing non-performing notes than performing notes.  I personally think it is because there are so many brokers that make a commission from selling non-performing notes and those of us that deal in performing notes lend our own funds and cannot use a broker to sell our notes (don't really need to) and can't make a public offering so they don't become securities requiring us to have a securities license.  I would be happy to email some due diligence performing note information to you if you would like to PM me.  Thanks Eli!

     Actually, an issuer offering their own securities is not required to have a securities license.  Also, with the advent of REG D SEC 506 (C),  it has become quite feasible and cost effective to use general solicitation and advertising in a private offering making the offering in effect a public offering to accredited investors.    

    Private Mortgage Financing Partners, LLC
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