@Will Barnard
@Bill Gulley
@Karen Margrave
Will,
what your describing is exactly what 95% of HML do in CA. and its perfectly legal to do.. YOur Fractionalizing the Beneficial interest in the Deed of Trust. And you can bring new investors in any time you wish by simply doing an assignment of DT as to the % ownership of the investor your paying off and the new one your bringing in.
In most states this is not legal in Mortgages and DTs in Oregon were I am at it is a huge no no and one would need to step into the reg D arena or there is also a state exemption called a RE paper offering that is specific to Oregon and Oregon residents. ( I have done one of those)
IN CA the reality is your talking about much bigger dollars in the major metro areas for real estate and loans. compared to much of the middle of the country.
So it would be very difficult for CA investors to use the one investor one note process. When your deals are 500 to 1mil that tends to cut the wheat from the caff and investor are much more comfortable putting 50k in to 10 deals.
Aging myself but when I ran my HML company in Oakland back in the late 80's to 90's we had about 300 investors and rarely would one take a whole beneficial interest in a loan.. our average loans in the SF bay area even back then were pushing 300 to 500k so every loan we ever did had multiple benes. And of course we ran this quite legally under my CA RE brokers license. Just like your doing today. .What Will is doing is perfectly legal as long as a broker arranges the deal and use's the disclosure forms provided by the DRE to the investors. YOu can find them right on line.
I keep my CA brokers license active for the few deals I do in CA. it comes in handy at times.
Karen no worries doing multi bene just make sure a RE broker does your disclosures for you.