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All Forum Posts by: Joshua Andrews

Joshua Andrews has started 32 posts and replied 190 times.

Post: Evaluating Tapes of Non-Performing Notes

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

Hi Sandy,

You have asked some great questions. You have also opened a can of worms with regards to the "correct" answers to these questions. I will start off by saying some of the answers to the questions you've posed have to do with an individual investors model and their own risk tolerance. That being said here are my thoughts and what I look for.


-Price of the Note

This is important but not the determining factor for me. If the loan will make me money, with plenty of cushion price is not a huge concern. Some folks get really hung up on what percentage of UPB they are buying at, and trip over dollars to pick up pennies. Of course we never want to over pay, but this is not the first thing that I am looking at when buying. Price is always negotiable. I do tend to stay away from overly large notes, such as something with a purchase price of $20k+, unless it has substantial equity. Most that I buy are in the $4 - $15k range with regards to my out of pocket purchase price per loan.

-Judicial vs Nonjudicial state

If given the chance, I will choose non judicial every time. Judicial goes throough the corts and is more costly and time consuming. This makes the expense to foreclose and help nudge the borrower into a "wake-up call" more costly. It also takes longer. However, I have recently picked up a couple notes in judicial states because the price was right and the deal still makes sense. So don't count out loans in judicial states. Just be prepared to sit on them for awhile before an exit. But rest assured exit you will, and typically profitably!

-Redemption Period

A factor I consider, but low on my list. This is not a huge deal for me, as I rarely follow through with a foreclosure. I initiate them on 90% of deals, but it is only used as a tool to get the borrower to communicate with us. I just want the loan mod.

-Price of loan vs UPB

This can vary. Pricing is important, but I weigh in all factors. After running a few exit scenarios, if the deal still makes sense I will buy it. Remember in addition to UPB, there are typically considerable arrears on these delinquent loans. That is found money.

-Time to foreclosure

Goes hand in hand with judicial foreclosure states. Time to foreclose certainly makes a difference, as it's a tool used to get the borrower to communicate with us and perform a loan mod. If it takes me a year to follow through with a judicial foreclosure, I just need to be prepared for that mentally, along with the added expense. The loan also needs to be priced right. Meaning, it needs to be priced lower than others in order to make it worthwhile for me to wait an entire year or more to consummate a loan mod with the borrower. There are a handful of states I will not buy in, such as PA and NY.

-Typical cost of foreclosure in that state

This is not an issue for me. I set aside 2-4k in legal expenses for all loans I buy. I am prepared for this in advance.

-Hardest Hit funds available?

No experience in this area. At least with 2nds.

-BK vs no BK

I love borrowers who have been through chapter 7 BK. It means they wiped much of their debt clean, items that were killing them financially like credit cards, consumer cards and other misc debt. It puts them in a better position to pay their mortgages.

-Status of first (if you are purchasing NP seconds)

1st mortgage must be current. No two ways about it. I will not buy otherwise. Emotional equity plays into this as well.

-Equity vs No Equity

As crazy as it sounds, I buy both. However, I weight my portfolio with around 70% which have at least some or full equity coverage. Then I make plays on smaller loans with smaller out of pockets for me. Like a loan I just purchased for $4,000 recently. It is underwater a little but excellent loan. Borrower has family in the home and the place is immaculate. I would live there myself. 1st is current and they have lived in home for 15 years. Other factors play into this of course, but when I can buy something for $4,000 that will produce a $200 month cash flow for me, basically for the next 20-30 years, I will buy that every time. Owning one is not life changing, but a few start to add up. It's a comfort level with the assets that I am developing as I learn more.

-Credit score of borrower

This is not a big factor for me. However if the score is substantially under 600, I will be careful with the loan. Unless they just finished a BK, it could mean the borrower is a habitual credit criminal. Just someone who does not care about paying bills on time, if ever. Usually I buy loans in the 550 - 750 FICO range. Other factors play into this of course.

Hope that helps. Post more if myself or others on BP can elaborate. Glad to see you are getting involved. This is a great business.

Josh

Post: Watermark trading exchange

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

Same here. I left several messages and never heard a response. 

Josh

Post: Who's attending 2015 Note Expo this November?

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

Hi Bob,

This will be my first time attending. I am in Austin so easy drive. Looking forward to meeting you. PM me your cell.

Josh

Post: 2nd Lien Non Performing Notes and Bankruptcy

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166
Originally posted by @Steve Burt:

Joshua, great post. I did some more reading after I wrote last night and reached the same conclusion you did. In Chapter 7, you can file a motion to avoid a lean in any position right? Like someone could file on a 1st or 2nd. I think I saw in once case they filed only on the 1st, which I assume leaves the 2nd intact which should be even better for securing a workout, I think at least.

This I am unsure of. I believe the answer is yes, you can file a motion in many different circumstances. As an investor it is relatively rare to have this happen, although it is something you want to be aware of. I have not had motions for a lien to be stripped on my loans, but I know of friends who have. Just because the borrower requests the lien to be stripped does not necessarily mean it will. This is where competent legal counsel comes in instead of trying to do it yourself as mentioned earlier.

Post: 2nd Lien Non Performing Notes and Bankruptcy

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

Hi Tehseen,

Here is my understanding of 2nd lien BK scenario's so far. There could be holes in my knowledge as I learn something new everyday.

The first thing to clarify is there are two types of bankruptcies you will typically run into, although there are other less common ones.


CHAPTER 13

- This is a repayment plan or re-structuring of all debts if you will. Second position liens can be stripped through a motion of the court. This is typically when the home has negative equity. The lender has the right to contest this. This may or may not be successful. Also, in order for the lien to be stripped, the borrower must complete the BK plan. This rarely happens. But the short answer is yes, the lien can be stripped. Stripping not only wipes the debt from the borrower's obligation to pay, but also releases the lien from the property so you have no right of foreclosure to enforce a lien or recover collateral securing a debt. This is because there is no longer a lien.

CHAPTER 7

- This is the more common type of BK. It takes 6-8 months to complete. It wipes unsecured debt and certain other items from what the debtor owes, helping give them a fresh start. It's actually a good thing for 2nd lien investors. Because now they have less debt and more money to make payments on their mortgage(s). It technically makes the borrower no longer liable for the 2nd lien personally, as in you cannot chase the borrower personally for the debt. However the lien is still on title to the property, so think of it as the property owes you the debt. You as the lien-holder can still foreclose, evict the borrower from their home if they choose not to pay you or if you are unable to come to an arrangement that makes sense for all parties.

Couple things to note. There are a small handful of states where you CAN strip a lien in a chapter 7 BK. Georgia being among them. You need to do your research to ascertain if this is the case on assets you buy. The best way to do this is to check pacer . gov where you can review details of the bankruptcy filings to see if a motion to strip the lien was issued and if it was successful. You will also want to pull a title report on the property to determine of the lien is still on record and attached to the property. There are a few nuances here, but it's not rocket science. If you have a situation where your borrower has filed BK and is trying to strip the lien, you should engage legal counsel and not try to fight it on your own. 

As mentioned there may be some holes to my knowledge but that is my understanding of it so far in layman's terms.

- Josh

Post: Adverse Selection

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

Hi Steve,

Patrick is right. Banks liquidate loans all the time, and not all are bad for investors. Sure there are defects such as the loan is non performing currently or there are other issues to be addressed, but remedying those are what adds value to the loan and makes it salable or a cash flow stream to tuck in your portfolio. Many loans sit on banks books for years without them taking any foreclosure action whatsoever, for a variety of reasons. Right now I see more deals than I have money, and I mean that. There is plenty to go around. However education is key, and you need to study and educate yourself to know junk from gold.

Josh

Post: Would you like to learn more about mortgage note investing?

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

I am a note investor who buys non performing 1st and 2nd lien mortgages/deeds of trust. I have been buying on my own account for two years and have learned a great deal. I by no means know it all, and I don't claim to have all the answers. If you are interested in networking on this subject or just have general questions I am happy to share what I have learned with like minded investors.

I will also mention that I am not selling anything. Nor am I trying to solicit your business for any of my deals. Feel free to reach out if you'd like.

Post: Note Servicing Companies

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

FCI is a wonderful servicer. I have nearly all my loans with them.

Post: Self-Servicing a note.. agree or disagree?

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

It's definitely not worth the liability and hassle to service your own portfolio, no matter how great a system you have. For $15 a month I use FCI and as far as servicers go they rock. Sure, some people are more DIY, but in this space I believe it is a mistake to go it alone. It's cheap insurance.

Josh

Post: Performing and Non- Performing Notes

Joshua AndrewsPosted
  • Lender
  • Austin, TX
  • Posts 211
  • Votes 166

I use FCI services for the servicing portion. There are a number of other servicers but I have been very satisfied with them so far.

Josh