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All Forum Posts by: Trevor DeSimone

Trevor DeSimone has started 9 posts and replied 37 times.

Post: How Do You Protect and Structure Private Money?

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Beth Johnson:

@Trevor DeSimone You should check out our book Lend to Live: Earn-Hassle Free Passive Income in Real Estate with Private Money Lending published by BP last year. It's a super comprehensive guide on how to protect your loan and the entire end-to-end process (we call it the C.P.R. Lending System) to finding and funding a loan in a safe and secure manner. While we don't dive into state specific legalities and requirements, it does cover all the documentation you'd want to consider as baseline for a private money loan opportunity. I have a Facebook group called: Lend2Live: A Private Lender Collaborative that you can join to connect with other truly private individuals and small business owners who do PML. 


 Reading a copy of the book currently! 

Post: Looking for a Private Lender

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Account Closed:

John, if you haven’t found anyone yet and you’re willing to work with a new PML, let’s talk. I’d prefer deals in the north metro area and farther north (I live near Gainesville) but would be willing to discuss other areas. Bill


 Hey Bill, 

Can I connect with you regarding a small PML opportunity?

Thanks!

Post: Promissory Note Written to Investment Group

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Rick Pozos:

nope. You can go after the property IF you have a mortgage or deed of trust.

Foreclosure is the way to get made whole, but you need a mortgage or deed of trust. 

You need to go through a title company or attorney, YOUR ATTORNEY, not theirs and have them explain your state laws. By the questions that you are asking it sounds like you are about to make a VERY risky move. Education is SO important. Dont get all your knowledge from here and YouTube. PAY an attorney. They know the law.


 Hey Rick, 

Thanks for taking the time to add to the post. Other than speaking with an attorney, and recommendations for education that are vetted and trusted by yourself?

Post: Promissory Note Written to Investment Group

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Tom Gimer:
Quote from @Trevor DeSimone:
Quote from @Rick Pozos:

You need a deed of trust or mortgage that is recorded in the deed records or county clerk's office. It can be a second, but if they choose NOT to pay you, right now, there is no recourse. With a deed of trust or mortgage there is notice to the world that your 2nd is due on sale or according to the terms. You can also foreclose on a 2nd that is recorded.

You can NOT foreclose on a promissory note alone.

Thanks for your response Rick. Hypothetically, assuming the lender was unable to pay back the loan, and we went to litigation, couldn't we go after other assets held by the entity? If I was relatively confident they had other collateral, is my investment still secure?

With only a Note you would need to obtain a judgment against the borrower in order to pursue other assets (if any actually exist). And, if the borrower files BK before you obtain that judgment, that $52k goes poof.

That's why you always need to record a proper security interest (mortgage/deed of trust) against the real estate. A mortgage lien would not be affected by a subsequent BK.

Shocking fact pattern. Hope it works out.


 Thanks for the insight Tom, is it common practice to record a deed of trust during the closing or can this done with relative ease after an individual or entity owns the property?

Post: Promissory Note Written to Investment Group

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
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.   

Post: Promissory Note Written to Investment Group

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Rick Pozos:

You need a deed of trust or mortgage that is recorded in the deed records or county clerk's office. It can be a second, but if they choose NOT to pay you, right now, there is no recourse. With a deed of trust or mortgage there is notice to the world that your 2nd is due on sale or according to the terms. You can also foreclose on a 2nd that is recorded.

You can NOT foreclose on a promissory note alone.

Thanks for your response Rick. Hypothetically, assuming the lender was unable to pay back the loan, and we went to litigation, couldn't we go after other assets held by the entity? If I was relatively confident they had other collateral, is my investment still secure?

Post: Need advice for new company lending

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Tyler Young:

I need some advice on securing a loan for my first property. I'm hitting roadblocks with lenders because I'm a new company, and private lenders are telling me that I haven't borrowed substantial amounts in the past. Does anyone have any tips on how to borrow money to kickstart my first Section 8 venture without having to deal with interest payments on a personal loan just to establish myself in the US financial system? Your insights would be greatly appreciated!

Saving up would really be beneficial in your case. Lenders like when you have equity in the deal. It's you equivalent to having skin in the game. 

Alternatively, if lenders and traditional private money lenders aren't able to fund you, you could either bring on a partner or source funds from family and friends. Set realistic expectations and don't borrow if you're unsure of your ability to meet your debt obligations. 


Post: Bookkeeping for LLC

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33

Hey Shawn, congrats on your newest acquisition! For your size and scale you really can't go wrong with something cheap and effective as QuickBooks. If you end up utilizing a CPA in the future they can easily be granted access to view and edit your existing books. Of course using QuickBooks for your own book keeping you'll want to utilize the following practices. 

-Connect your business bank accounts and credit cards to the software to automatically uploads your transactions into QuickBooks.

-Save and attach receipts for all business expenses. Photos and copies of receipts are acceptable by IRS standards, and if you're ever audited, you'll need to have them available.   

-Login and keep track of everything as you go. Don't fall behind, it's easy to do so and you'll find yourself back tracking at the end of the year. 

Hope this helps!

Post: Promissory Note Written to Investment Group

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33
Quote from @Robert Ellis:

Did you ask for a personal guarantee from at least one principal or other collateral? 


I would technically hold a second lien position on the property; However I'm learning that perhaps I should be recording this lien properly so that it is "attached" to the property. Also I'm not afraid to say I don't know everything and I do expose myself to a certain amount of risk in doing so. The company also holds a number of additional assets, which could be liquidated in the event of default. A provision in the note also covers reasonable attorney and legal fees in the event I had to progress to litigation.

Post: Promissory Note Written to Investment Group

Trevor DeSimone
Pro Member
Posted
  • Investor
  • New Hampshire
  • Posts 39
  • Votes 33

Investment Info:

Single-family residence private money loan investment in Garden City.

Cash invested: $52,000

This is the second time I've acted as a PML; the connection was made on Facebook of all places; A local group had advertised the need for private money to fund rehab on a fix and flip in Ohio. After some introductory calls and vetting the business, we agreed to a $52,000 note with a 5-month term at a 17.38% return with the expectation we could perform future business.

What made you interested in investing in this type of deal?

I preferred the relatively guaranteed return within a short time frame.

How did you find this deal and how did you negotiate it?

Facebook; Reached out and made contact with the group and went from there. Have to put yourself out there!

How did you finance this deal?

I liquated my brokerage portfolio to fund the deal. Better rate of return based on my investment history in the markets.

What was the outcome?

Pending; Note term ends in December.

Lessons learned? Challenges?

Have solid negotiation and people skills; I was able to raise the interest rate from the initial offer after building a good repour with my point of contact, learning what the competition was offering, and then coming in at a lower price point. I was told they would be willing to meet me in the middle and preferred working with me because I was well-liked.