For years I thought investing in a non-performing note could be a win/win for everyone involved. For example, let’s say I buy a $100k promissory note (mortgage), secured by a house that’s worth $60k, and pay $40k for the note. So my investment of $40k doesn’t change the fact that the promissory note is for $100k. My thoughts, years ago, was that I could get the homeowner to sell their house at it’s current value, $60k, and I would approve the “short sale”, and immediately make $20k. This is a win/win because the homeowner’s credit is preserved and I make a profit.
When I had the opportunity to go to a Non-Performing Note conference last fall, I learned so much more about the note business. The strategies are tremendous; invest in a 2nd mortgage? First mortgage? I was exposed to terms like “re-performing”, debt collection, difficulties connecting with the home-owner, legal complexities around debt collection and more. There are lien position issues, such as, what if you buy a 2nd mortgage and the first lien-holder forecloses? Well, the answer is you lose your investment. My head was spinning, and I came home to research more about how to find my sweet-spot in the non-performing note business.
Conceivably, you can treat “paper” just like one does real estate. You have a product, secure it at a certain price, then much like wholesaling houses, resell it, or flip it to another willing to pay a higher price. I felt comfortable about that, since I feel good about getting properties at a great price, doing the research necessary to validate the deal, and then resell it at a higher price to any of the thousands of people excited about getting into the non-performing note business.
Much like real estate investing, you need to have multiple exit strategies. What if you can’t resell it? Well, the next step is to try to get the note re-performing. This is quite an intellectual term that really means you have to put your bill-collector hat on and deal with a distressed homeowner, work out an arrangement with the homeowner where they can start paying without putting too much added distress in their lives, and where you can still make a profit.
I don’t like the idea of being a bill collector.
I’ve said before that I really don’t like dealing directly with distressed sellers. I don’t have the patience, nor am I all that comfortable listening to their stories, lies, and hardships. I suspect my talents are better utilized in other areas of real estate. However, I need to add that if presented with the right opportunity, I wouldn’t turn it down.
For those of you that are experienced with NPN’s, please tell us your experience!
When buying discounted notes one has to seriously look at the tax triggers for it especially of you do not sell it the same year as the purchase. My tax guy wanted me to pay the income taxes on the discount i received on the note i bought (and held on ) the same year i bought it. There are ways around it but you have to engage complicated/ aggressive tax strategies
See the quoted text below from below mentioned site
http://www.askjohngroom.com/taxation-of-npn-non-performing-notes/
“When buying and holding a note, the payments that come in have three aspects: one is interest (based on the terms of the note), second is discount earned, and the third is basis recovery. The first two are normally treated as interest income by the note owner, although the 1099 sent to the payer at the end of the year will show the interest based on the original terms of the note.”
I don’t think you did enough research. There is a answer for every problem you mentioned here. You don’t want to be a bill collector? Easy solution hire a servicing company. You don’t want your jr. lien or 2nd mortgage foreclosed on? Don’t buy seconds. You can’t do a short sale? Cool you have 5 more strategies. This is most lucrative industry to be in right now. Just have to know what you’re doing.
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