HML Gap Funding Advice

HML Gap Funding Advice

Chicago , IL · Member since 2017 · 1 post · 0 votes

I am considering an investment opportunity in which I would act as the Gap Fund lender and am looking for advice as this is a new territory for me. The borrower is looking to purchase a residential property (flip) using HML as the primary source of funding for the Purchase ($200K) as well as for the Rehab costs ($180k) with a conservative ARV of $525k. HML is funding 85% of Purchase price plus rehab costs. HML is charging 11% plus 3 points. My role would be to provide about $35k to cover all fees due at closing, plus an additional -/+$20,000 that would ultimately be used for 6 months of holding costs to be paid by borrower to HML. The borrower (friend) does real estate flipping as a full-time job and is their sole source of income. They have been flipping several properties each year for about 5+ years. They seem to be a pretty experienced flipper. They are offering a 50/50 split of the profit.

My questions:

Is a 50/50 split of profit a typical profit split in this type of lending scenario?

What protections should I request to be included in the lending contract between myself (investor) and borrower (property purchaser) to better protect my investment?  I understand that 2nd position does not provide much protection and am looking to know if there is something better I should request to be included in our contract.

Would it make sense for me to request the use of an escrow account to hold the $-/+ 20k that the borrower would ultimately be using to pay HML holding costs?

Any other protections I should request to be included in our contract that ultimately provides me with additional protection and thereby reducing my risk? 

Based on the above figures, does this appear to be a good deal for me to enter into? 

Any input that you feel would be helpful is greatly appreciated.  I am trying to do as much upfront research as possible before making a final decision.  Thank you in advance.

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Chris SeveneyBusiness Member
Moderator
Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
8y
Rachelle Gonzalez The question I always ask people whether friends or not is if they have been doing this full time for 5 years then why would they need $40k to pay the hard money lender fees. Are they putting any cash in the deal? If you do lend make sure you record the note with the terms as if you do not then every contractor who works on the property if they file a lien and your not recorded you move that much further down the line. You should also get a copy of the 1st loan terms as it may stipulate they may not be allowed to borrow additional monies in it which makes that loan in default and they could call it at anytime. It’s also good practice to understand the terms of the other loan. I would also ask for a personal guaranty. Lastly did they give you any profit figures / analysis along with a construction estimate and comps? That way you can review to see if there is a profit in the deal and get an idea what/how much profit their is in the deal.
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  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    8y
    Rachelle Gonzalez The question I always ask people whether friends or not is if they have been doing this full time for 5 years then why would they need $40k to pay the hard money lender fees. Are they putting any cash in the deal? If you do lend make sure you record the note with the terms as if you do not then every contractor who works on the property if they file a lien and your not recorded you move that much further down the line. You should also get a copy of the 1st loan terms as it may stipulate they may not be allowed to borrow additional monies in it which makes that loan in default and they could call it at anytime. It’s also good practice to understand the terms of the other loan. I would also ask for a personal guaranty. Lastly did they give you any profit figures / analysis along with a construction estimate and comps? That way you can review to see if there is a profit in the deal and get an idea what/how much profit their is in the deal.
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  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y

    by far the riskest loan one can do @Chris Seveney  has covered your basics on paper work.

    but the 64,000 question is ... One can you afford to lose all your money and just chalk it up to well that did not work file?

    TWO  if it goes bad and you want to protect your second position or equity position can you stroke a check and pay the lender off ? 

    do not think the lender will just let you come in an make payments.. I have one right now were I did some cross collateral and the first loan is due the lender is being quite rigid pay them off period.. they are going to foreclose so either cut them a check for the whole amount plus interest and penalties or nothing..

    Although PG's are great and all but in reality almost never collectable.. anyone who has a PG that has value probably is not needing to borrow 50k from you as Chris mentioned.

    lastly there is not a ton of equity in that deal it could go off the tracks pretty easy.

    so there ya go can you afford to lose the money and just shrug it off or not.

  • Don KonipolBusiness Member
    Investor · The Woodlands TX / Avon, CT · Member since 2009 · 6k+ posts · 10k+ votes
    8y

    @Rachelle Gonzalez, with a 50/50 profit split this is a high risk/ high reward scenario.  You need to be prepared for the total loss of your investment as well as the loss of the friendship.

    Warning: A person willing to give up 50% of the profit while doing all the work because he doesn't have $55,000 available either (1) hasn't been very successful or (2) doesn't believe very strongly in the project or (3) has other undisclosed issues.

    Private Mortgage Financing Partners, LLC
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