Re: New notes never of value - Posted by JT-IN
Posted by JT-IN on August 09, 2011 at 09:01:56:
L:
Not sure of your experience in the notebuying world… but your question doesn’t make complete sense here…
If you are a notebuyer, and hold a note, you do not also hold the deed. If you do accept the deed on a property that you hold a note on, in most states this will eliminate or defeat the mtg/dot due to what is called “merger”, meaning the mtg/dot is merged into the deed… and therefore gone forever.
So let me addres what I think you are trying to ask here… at least some theory on the subject, as I play the game. If I am holding a note, whether originated or purchased, the intended outcome could be one of several things… 1) Paid as agreed by the debtor, 2) Negotiated settlement or roll-up of the debt as a short pay, but paid off in full, 3) negotiated settlement as a deed in lieu of foreclosure, 4) acceleration of the note, which is foreclosing on the security interest via the mtg /dot, and eventually ending up with the collateral. All of these are designed to produce more income or gain than has invested in the note/mtg as originated or purchased at a discount.
In a perfect world we would buy a note at a discount and the debtor would pay up in full shortly thereafter, creating a yield or gain to maturity of 30-40 or 50%… Then repeat. Of course it rarely goes that way. So when we buy a note, we usually have a strategy of how to complete the transaction for profit. The shortest path between purchase and wrap up is usually the best, because with owning paper time is money… e.g. I could buy paper and double my money, which is great… especially if it is done in one yr or less. but if that scenario takes 7 yrs to complete then it is a horrible investment. So these things are time sensitive…
There are too many situations to generalize of whether one would want to hold a note/mtg or have the deed, because in some cases… maybe with comm’l property which can produce environmental concerns, maybe you never really want to be on-title. Where as a res situation presents far less hazard or risk overall. Without extraneous issues, I would normally rather convert the debt to equity, (note/mtg for the deed), in a negotiated fashion; although not always possible to do. Sometimes the owner is willing but there are other title concerns in which a foreclosure is necessary to expunge other liens and get a clear title. So as you can see there are lots of facets to your question and it is not a simple biz really.
Your other question… Note/DOT vs Land Contract…? Depends on whether you are the owner/seller or the buyer in the situation…
You’ve asked what time it is and I have begun telling you how we build the clock, not how to read it… but in RE dealings it is difficult to segregate the two.