@Brandon Sturgill
Mostly agree with @Chris Seveney ...just to clarify performing notes are sold off of yield versus NPN that are sold directly off of lesser of UPB or FMV. However, a similar rule/effect applies to performing notes in that if the note they're selling is underwater because you negotiated a price over FMV an investor might want a higher yield, maybe 10% instead of 8%, than if the note had full equity.
So, I wouldn't do what you're proposing for two reasons: (1) it's unnecessary; (2) putting borrowers, myself included, into a situation where they are immediately upside on a property doesn't sit right with me. Instead, as Chris suggested, put a rate on the note that is close or equal to what an investor would require to buy it. Consider the two illustrative notes below. The first has a 7% rate and grosses up the loan principal by $20k over value. Because the note is underwater an investor looking to buy wants a 10% return, so seller has to discount the price down to $91k. This is a lose-lose. Seller loses $9k of value on the property they sold and buyer is $20k underwater. The second note is underwritten at 9%. Because it has full equity, the same investor will accept a 9% return because they know they can get their money back if the note defaults and they have to foreclose, so seller can liquidate the note at par. This is a win-win. Seller gets full value and buyer is paying roughly the same monthly payment as option #1, but isn't underwater on the property.
| Opt #1 | Opt #2 |
Principal | 120,000 | 100,000 |
Rate | 7% | 9% |
Term | 360 | 360 |
MoPmt | $798.36 | $804.62 |
Sale Yield | 10% | 9% |
Sale Price | 90,974 | 100,000 |
Price / UPB | 75.8% | 100.0% |