Hi, I've done a few hard money loans in first position. First, though a company then on my own. I was recently approached for a 2nd position deal, which I've never done before, but the terms sound so horrible to me that I'm not even sure it's worth negotiating. Your thoughts? I'm currently receiving 12% annual on my first position loans. The foreclosure estimate is about 150k and about 87k is owed on it. Of course, they don't have any "skin in the game." Here is the promissory note I was sent:
Principal amount: $ 35,000 Date, 11 OCT 2017.
FOR VALUE RECEIVED, I (Borrower) promises to pay. You, (Lender) the sum of Thirty Five Thousand dollars ( $35,000 ).
A repayment shall be made in one installment consisting of $38,500 on or before 16 April 2018
as a payment in full.
An initial loan of $35,000.00 is being made to Summit Holdings Group. Total interest will be
paid in the amount of 10% of the initial principal for a total repayment of $38,500 with the
principal amount being $35,000.00 and interest in the amount of $3500.00.
It is expected funds shall be paid back by 16 April 2018. If there are any delays in completion of
the project, Borrower shall notify the Lender in writing via email.
This note may be prepaid by the Borrower at any time in whole or in part without premium or
penalty. This note is guaranteed by XXXXXXXX Group.
The Borrower must promptly inform the Lender of any change in name or address.
If the Lender prevails in a lawsuit to collect on this note, Borrower will pay Lender’s court costs,
collection agency costs, and attorney’s fees in an amount the court finds to be reasonable.
This note was executed on this 11 day of OCT 2017 and I acknowledge receipt of a completed
copy of this instrument. Funds were received in cash evidence of such shall be by the signing
and presenting of this note by the Borrower.
