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All Forum Posts by: Dion DePaoli

Dion DePaoli has started 50 posts and replied 2694 times.

Post: owner financing condos

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

There is added risk in financing a condo unlike other types of residential real property. Condos may struggle to be conventionally finance-able due to warrantability issues. When a lender looks at a condo for financing they will want to understand the investor mix - how many units are not owner occupied. This ratio will affect conventional financing in the complex. Values can decline rapidly in a condo complex due to the nature of somewhat homogenous units, special assessments and overall lack of upkeep by HOA. The state where the condo is located will should also influence these considerations as there are states where HOA liens have super status and can foreclose all liens not matter recording time.

Can you make some money with them?  Sure.  Just need to be careful.  I would probably hedge those concerns with a decent down payment if I had to finance a condo.  I wouldn't be interested in little to no down payments.  

Post: Question on Note Structure

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

Meh, crossing another property should not be used as an alternative to $0 down payment.  It is not clear what the cap rate on this group of assets is but if we are talking around 10% this deal structure is going to struggle to perform.  The blended rate of these two loans is going to erode the cash flow and become a barrier for the investor/buyer to capitalize repairs and handle vacancy loss among other obligations.  

Down payments help align debt service ratios along with ensuring the buyer has an economic interest beyond rent skimming.  At 100% financing you open the door to the buyer simply taking the rents and putting them in his pocket over the short term and then walking away.  

I would tell you this is a square peg with a round hole.  There is no actual deal here for you to explore.  Trying to get too creative generally ends up being more of a hassle than it is worth.  Just find another ready, willing and able buyer.

@Travis Sperr's logic on taking a future discount now is 100% spot on.  

Post: Borrower contact

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

Generally a potential buyer of a loan is forbidden from making contact with the borrower until they purchase the loan.  A bidder contacting a borrower can be disruptive and the bidder may not execute the purchase.  

Post: Forclosures on non performing notes and its process?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

I lied @Cameron York....I thought you were in the Notes Forum and posted.  My bad.  

Here is another newbie thread in the forum I mentioned.  Go explore.

Thread Link:  https://www.biggerpockets.com/forums/70/topics/362...

Forum Link:  https://www.biggerpockets.com/forums/70-tax-liens-...

Post: Forclosures on non performing notes and its process?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

@Cameron York

This is the second thread I see you have posted on.  Welcome to BP.  Congrats on diving in at such an early age.  Props for that.  

My suggestion for you is as Jay alludes, do not start in non-performing loans.  Start with loans that have cash flow.  That will provide you a platform to earn a return while learning the industry better.  This is an industry of you not knowing what you don't know and that can be very painful.  

It wasn't clear what the objection to PL's was other than you seemed to think a deeper discount means a better deal.  That is not true.  The discount applied on a loan is a function of the time and capital it takes to recover from the loan.  So in fact, the deeper the discount, the worse the loan is in that sense.  Loans with the highest discounts have the least likelihood of recovery.  You can also see my commentary in your other thread.

Purchasing a performing loan does not preclude an investment from realizing a positive return in a short investment timeline.  Loans prepay more often than pay to maturity.  Further, nothing says you have to purchase a loan which has a remaining term that far out.  Shorter term loans are in the market place.  For instance, hard money loans are often short term loans that repay in less than 24, 12 and 6 months.  

Often times newbies get visions of grandeur in their heads of huge potential returns on note investing.  This leads newbies to chasing loan investments with greater degree of risk which often leads to loss or at least unnecessary risk.  

One idea you have not defined, which you don't have to share publicly, is your desired return target.  If you are seeking returns north of 20% you are chasing unnecessary risk, which as a newbie is probably something you shouldn't do.  Again, don't know what you don't know.  If you are chasing returns between 10% to 20% then there ample opportunities in performing loans to achieve those returns if you understand what you are buying and how to best manage those investments.  Here is a hint, it is not all handed to you on a silver platter in a straight forward discount.  The higher on the return target the more risk there will be to achieve that return.  Such is the nature of investing.  You can find safer returns closer to 8% to 10%.  Bare in mind the prime mortgage market is around 4%.  Most private investors want to see at least 6% to 8% passively or 10% actively.  

JV's are something that often sounds like a good idea but frankly I don't care for much of the structures I have seen from our clients in the market place. Typically an "expert" teams up with a noob who puts up all the capital to split the returns 50/50. That to me is not worth it and overly aggressive on the "expert" side. If we presume an average NPL returns 20% you risked a bunch of capital to make 10%. Yea, for what? You could have earned the same amount in a less risky loan. Like I said, they don't make much sense.

Where I would summarize your place right now is just swinging the door open to a universe you only thought had one planet.  So not the case.  There are lots of loans out there and lots of ways to manage prudent investing within the space.  It is good you have found the boards and good you are asking questions.  Hopefully if you thought you were within inches of the starting line you now see you should take a little more time to look around and gain some more knowledge.  

This forum has many threads that can help you learn more.  Read the already posted threads.  Ask questions.  Follow some folks and see where they have posted.  Be careful what you take as gospel even on these boards.  Lots of comments and a wide range of real experience.  Like I said, right now you don't know enough to be able to tell what is proper information or advice or not.  Go get there.  Just don't be in a rush.  Good luck.

Post: Forclosures on non performing notes and its process?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087
Originally posted by @Thomas Standen:

@Christopher Winkler not all servicers take three weeks to transfer loans. Many can handle this in a day or two, you just have to look and ask questions. 


This is incorrect information.  No servicer can transfer in a day or two by law.

Servicing transfers are forbidden from taking place without giving a borrower at least 15 days of notice prior to moving the place of payment and point of contact for the account.  This regulation is found in Regulation X (RESPA).  

Post: When Is A Re-Performing Note A Performing Note?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

@Christopher Winkler

The standard market definition, away from street level jargon, is any loan which was once in default (90+ DPD) and was reinstated is "Re-performing".  Any loan which is not consistently current (<30 DPD) annually is considered "Sub-performing".  If at some point in the loan's life it was in default than by simple definition it will forever be re-performing.  Whether it stays current to maturity or payoff or not.  The length of time the loan has been current since default is not a defining characteristic outside of any given investors desire to bid accordingly.    

It seems commonly in conversation we attempt to use PL, RPL or SPL as a substitute to "current, delinquent or default" which are the true MBA (Mortgage Banker Association) definitions of loan performance.  In that manner, you can simply look to your servicing fee matrix and see how they define it in accordance with how they charge to service it.  Current = 0 to 29 DPD; Delinquent = 30 to 89 DPD; Default = 90+ DPD.

The concept of defining a set period of months past reinstatement came into view years ago when the market was flush with modifications.  The issue was that investors seeking consistent cash flowing loans were being solicited on loans recently modified often times with no payments made on the modification.  Since coming out of a modification the loan by class was current and it was marketed as such.  Obviously the desire was to achieve premium pricing on those loans from a sale perspective while the counter argument, based on the events of the time such as high redefault rates, opposed to those loans being discussed as "current".  As such, seasoning was born as a means to vet out those loans.  Often times to deliver additional discounts on newly modified loans which arguably had a high chance of redefault.  

To that end, I would suggest not overly bothering yourself with a commonly understood or agreed to definition.   What I call a performing loan, re-performing loan or sub-performing loan is of little actual consequence to your decision to execute on my bid.  My bid either works for you or it doesn't.  Why I need 10% on loan A versus 12% on loan B will always be an internal investor/bidder discretion.  

Post: Foreclosure process/costs after purchasing non performing note?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

A couple ideas to add here for OP.  The biggest cost in NPL's is time.  Often times newbies attempt to discover the true cost of dispositioning a NPL and the common jargon they use is "how much does it cost to foreclose?".  What that is asking is how much in legal fees can I expect to pay?  

As stated above fees will vary by state and firm accordingly.  What tends to be overlooked is the additional expenses involved in attempting to recover on the investment which will include past due and ongoing taxes, property insurance, property preservation and maintenance if the property is abandoned and servicing fees among some others.

Each of those cost categories have a periodic factor to them for the most part. Most of those costs will accumulate each month and many need to actually be capitalized on an ongoing basis. Lender placed insurance generally can be paid on a monthly basis, although depending on your vendor they may attempt to have you capitalize a longer policy and rebate unused premiums. Property maintenance such as mowing a lawn to avoid local fines can cost money every week or two. Past due taxes generally only need to be capitalized if and when they jeopardize your priority in title and ongoing taxes owed can be net from sale of REO if it comes to that. Servicing fees for full service servicing will run anywhere from $75 to $100 a month.

So every month the asset is not dispositioned you have expenses that can be a couple hundred dollars.   Above the cost to foreclose.  This doesn't include additional capital costs such as winterizing properties (Winter is coming), securing vacant property, cleaning up debris or REO repair.  Additional legal actions such as eviction and bankruptcy defense can also increase costs.

The point is, there is more to it than simply buying a defaulted loan and foreclosing.  So when I personally see responses to newbies regarding costs that don't get closer to tens of thousands of dollars, I cringe.  The basis of the discount which is agreed to for sale is based on both the amount of additional capitalization required to disposition the loan along with the estimated net proceeds from disposition.  The discount applied is more influenced by time than most other ideas.  We can see this idea in comparing discounts in states which provide quicker resolutions such as Texas which typically carries a lesser discount versus states like New York which carry deeper discounts.

Working with non-performing loans should not be a race to zero in regards to properly capitalizing the asset to recover the investment.  Unfortunately, all too often it seems to be sold and understood in that manner by newbies. 

To clean up another couple ideas, just because a lien has first position doesn't necessarily mean a DIL is possible or prudent.  Any junior liens would cloud title and taking a DIL would mean loss of priority and power of foreclosure to clear those junior interests.  Additionally, for the sake of the newbie mentality, A DIL is something a borrower must give a mortgagee not vice versa.  A borrower who is forced or coerced into surrendering title may have claims against the mortgagee for predatory and deceptive practices.

Additionally, the common street level sales pitch is that investing in loans is less of a headache than that of real property.  Well, that is not entirely true.  Distressed loan investing, especially defaulted loans, can and often do carry a comparable workload if not sometimes more depending on the barriers to disposition.  Don't buy NPL's if you want passive income - defaulted loans are far from passive investing, very far.

Lastly, due diligence should not be approached as a limited set of things to inquire about.  Collection and recovery from a loan can come from the collateral or the borrower or both.  Due diligence should involve the borrower, paperwork and collateral in full.  Anything less is gambling not investing.

Post: Loan forbearance and UNFAIR Suspended Payments?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

@Angie Williams in regards to legal counsel it is not going to hurt but it is not clear by the post that they have suffered any actual damages yet so I am not sure the attorney will be able to do any more than the CFPB can do for free.  Certainly if they feel that they have been harmed they should seek legal counsel.  Best of luck to them.

Post: Loan forbearance and UNFAIR Suspended Payments?

Dion DePaoli
Posted
  • Real Estate Broker
  • Northwest Indiana, IN
  • Posts 2,918
  • Votes 2,087

@Angie Williams

Please share this information with your neighbors.  That advice from the servicing agent is shameful. 

My lender or servicer advised me to stop making payments on my mortgage loan so I could qualify for a loan modification. What can I do?

You should not trust anyone giving you this advice. Report companies giving you this advice by submitting a complaint with the CFPB online or by calling (855) 411-CFPB (2372).

If you are having trouble making your mortgage loan payments, call the CFPB at (855) 411-CFPB (2372) to be connected with a U.S. Department of Housing and Urban Development (HUD)-approved housing counselor who can help you explore your options.

http://www.consumerfinance.gov/askcfpb/274/my-lend...