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Updated about 8 years ago on . Most recent reply

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Eric S.
  • Glen Ellyn, IL
59
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95
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Legality of advertising notes

Eric S.
  • Glen Ellyn, IL
Posted

Hello BP World,

I have some notes/contracts for deed that I want to sell through assignment.  I also want to offer a partial insurance policy on the contracts.

Anyone familiar with the legalities of where/how I can advertise these, who I can advertise to, and any limitations on who I can sell to?  I am a licensed real estate broker.  

I would be selling the entire individual contract, not a partial or a pool.  

Thanks!  

Most Popular Reply

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Darren Eady
  • Rental Property Investor
  • Lindon, UT
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Darren Eady
  • Rental Property Investor
  • Lindon, UT
Replied

I met with a securities attorney a few years ago and had this spelled out for me.  If you own the note/trust deed, you do not need to have a securities license to assign the note to another party as long as you do not fractionalize the note (keep a portion of the monthly proceeds), make a public offering to sell the note (has to be a client), and you cannot guarantee performance.   I think providing additional insurance will also be helpful in selling the note.  Good luck!

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