Ah, I believe that this is the issue. I'm asking for a partnership, it seems from your response you believe me to be looking for third note or another hard money loan. I desire to direct a silent partner's money using their funds as working capital and sharing the equity at refi as well as providing monthly payments, and I feel that I am able to better protect the silent partner with a partnership agreement as opposed to simply a private loan.
As far as the property I would I be using to provide this return goes, I have negotiated seller financing in the amount of $17k over 34 months with terms agreed upon in our purchase agreement, and the hard money lender will only loan $100,000 since there is seller financing, but they do know that I have seller financing. Of the $40k I am asking for $30k Wil be used to cash out the seller, the other $10k is to be used as reserves for closing or major repairs until refi at which point the hard money loan is repaid. The CMA from the appraisor that I have supports the $200k arv and recently comps have broken $300k. They also show that the property is rented below market value. There aren't major repairs but there are some minor cosmetics, but you're right, I didn't mention that. I felt it would be too wordy and make me look unorganized, and since this is my first deal AND I am asking for a partnership, I felt it better to be as to the point as possible.
If I understand this all correctly, after paying the HML at refi, I would only have to pay back my partner. At the 5 points my HML company charges my loan repay is $105k, so I should have lots of Equity (I know, I know-if the ARV is $200k or more). The seller financing terms go on for longer than I would need the silent partners money, they are paid for monthly for 34 months, so the only one left is my partner. Again, to my understanding, I should have more than enough to safely get a silent partner out safely.
The last thing to address is the risk to a seller. I have considered this the most important detail of this deal and wouldn't sign a partnership agreement that didn't include some kind of deed of trust so that my interest in the property is transfered to the partner forgoing the need for forclosure in the event of non payment on my part. And also since I'm still green, to further compensate, I'm offering alot more of the equity that is already in the property from the deal that i negotiated to the partner.
I believe that I can do this and I think that I have worked out all of the possible objections that I could see arising. I am sure that, as long as the information that I have gathered here is correct, then this should be an amazing investment opportunity and profitable to all involved.
If I am wrong though, I would like to know. I just feel that with out knowing the specifics it's easy to pass up these posts, and maybe that's what I did wrong, not being specific enough, but I refuse to accept that I am not at least on the right track with this one.
This is what this place is here for.