Quote from @Jeff S.:
I hope you have not already wired your money, @Trevor DeSimone. You did not make a real estate loan. You made a completely unsecured business loan to a Facebook “investment group” of some sort. Without a mortgage, you do not have a lien on the property and you cannot foreclose. Without a personal guarantee, you cannot go after anyone’s assets. You are not in second position, which would be unwise in any case, you have no position. At best, if you could afford it, you could sue the company to which you loaned your money for a judgment and then try to collect -- on an out-of-state debt.
A note alone is simply an IOU. It has no teeth unless secured by a recorded mortgage. If you are lucky, you will get paid back. As an out-of-state lender, did you consider the usury and licensing restrictions in Ohio? Did you get a lender’s title insurance policy? Heaven knows how many others like you loaned them money and also think they are in second position. How are you covered on their fire and hazard insurance?
These guys might not have acquiesced to a higher interest rate because you, “Have solid negotiating and people skills.” That's hubris. I’m sorry, but it's very possible/likely they did it because they hooked a live one. For your sake, I really hope I’m wrong, but this is not how you loan money, Trevor.
“I preferred the relatively guaranteed return within a short time frame.”
What makes you think this loan is “… relatively guaranteed?” And why are you liquidating an entire brokerage portfolio for strangers you met on the Internet? Are there no real estate clubs in NH where you can meet and vet real estate professionals face-to-face as well as physically vet and evaluate the property you might actually own? Have you spoken to a lending attorney to learn how real estate loans are made in general and more specifically in New Hampshire and Ohio?
“Have to put yourself out there!”
No. You don’t. Sorry, but this is just a nonsensical aphorism and not the basis for a business. First, you educate yourself.
I know I’m being harsh and I’m sorry for the cynicism, Trevor. I really hope this works out for you.
Jeff this is a very well-written passage from someone who clearly has a lot of experience in PML. I do appreciate you taking the time to respond and your passion on the subject is notable.
I'm aware that my skillset is limited and experience minimal and that I'm missing key pieces of information regarding PML that I intend to correct for future deals.
My only disagreements with you would be that strangers on the internet and strangers from a real estate club in NH are both strangers to me. You, yourself are another stranger. I spoke and vetted the individuals I'm working with now the same as I would if it were a face-to-face conversation. Where I will very much agree with you is that you've pointed out I'm at significant risk with my investment for not speaking with an attorney prior to my investment, not recording my note, and exposing myself to potential risks without access to the lender's title insurance.
I do very much appreciate the lesson, and no need to apologize for the cynicism, it only expresses your concern, clarifies the severity of my method of doing business, and persuades me to seek additional resources.
Besides speaking with a lending attorney, would you be willing to offer any other recommendations in ways I could educate myself properly on the subject? Books, courses, anyone else I should speak to?
Maybe you could clarify a few questions I have right out of the gate;
Can an entity give a personal guarantee (meaning can the entity guarantee to pay debts do with other assets owned by the entity?) Or are personal guarantees strictly from "persons".
How at risk is my position not being on the fire and hazard insurance? If the policy pays to the borrower, wouldn't the borrower pay me as the lender? (Assuming they had proper coverage, such as an Actual Cash Value policy based on the ARV). Or is this really to ensure that the borrower has proper coverage?
Once again, Jeff, thank you. I am still feeling secure about my current investment, and getting routine updates on progress, but I think a tactical pause once this note is paid is needed, and I appreciate you shedding some light on the matter.