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I took out a construction loan 2 yrs after the purchase to rehab it.

In that case, you will need the lawyer to draw up the note and associated paperwork.I'm not exactly sure what is meant by subject to financing, but that sounds a lot like a finance contingency, where in the buyer is allowed to bail out of the contract if they can't get a loan.

And as @Jay Hinrichs mentions, in some states the borrower can reinstate and you become the owner of a paying (or in many cases, a non-paying note again) and you need to start the foreclosure process all over again.It sounds like you may have a tape from Kondaur, they are notorious for taking their loans right up to the foreclosure then dispose of them. 

VA Loan 7 years ago How did you add value to the deal?

Be wary of hard money loans; they can be pricey, often around 12% interest for newer, which can quickly eat into your profits and also require a high down payment.

Their money is loaned so they should be earning interest.

If you're taking a DSCR loan you could choose an option with a lower prepayment period if you want the flexibility to refi sooner and don't mind a slightly higher rate in the meantime.

Have you heard of DSCR loans?

Usually the minimum loan amounts are higher compared to a 1-4 program with a loan minimum often of $400K.