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Updated about 6 years ago, 12/06/2018
2nd Position Requesting 1st Position Subordination
Hello,
I have a flipper business associate that I loan money for rehab projects in Portland Oregon. He uses a business loan to purchase the property (historically 50-60 cents to the dollar for selling price) and I loan him the rehab money (15-19% interest only for 4-5 months). Both loans are recorded on title for the property. I use fairly cured underwriting where I determine, if foreclose is needed, how much money would be left. On average, a theoretical foreclosure would pay off the first, second, and have 57% of the second left. In essence the second covered by 157%, e.g. if I loaned $100k, net foreclosure after 1st and 2nd is paid would be $57k. I am aware there is risk and a lot that could go wrong (foreclosure costs, opportunity costs, property value goes down, property is vandalized/destroyed, etc.).
I was looking into ways to further mitigate the risk to the 2nd note. I was thinking I could request a subordination clause that would allow me to buy out the 1st position in an event of a foreclosure. If this is a good option, do I just call his bank and ask for the next note? What other ways could I mitigate the 2nd position risk? Thank you for your time.
- Joe