the secrets of hard money made easy
Transcription
the secrets of hard money made easy
THE SECRETS OF HARD MONEY MADE EASY THE SECRETS OF HARD MONEY MADE EASY Written by Merrill Kaliser, Esq. City of Dallas, Texas Co-authored by Michael Hoffman, Esq. City of Dallas, Texas SELF PUBLISHED The Secrets of Hard Money Made Easy THE SECRETS OF HARD MONEY MADE EASY © 2011 Merrill Kaliser and Michael Hoffman, City of Dallas, Texas All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means without written permission from the authors. The Secrets of Hard Money Made Easy Table of Contents Chapter 1: Hard Money Loans - What and Why?……………………5 Chapter 2: Who can be a Hard Money Lender?…………………….15 Chapter 3: Why do you want to be a Hard Money Lender?.......19 Chapter 4: How does a Hard Money Lender Analyze a Deal?…24 Chapter 5: Borrwer looks good and property looks good. What next?............................................................................................32 Chapter 6: Servicing the Loan……………………………………….…….37 Chapter 7: Borrower defaults……………………………………….…..…40 Chapter 8: Should I be a Hard Money Lender or provide money to a Hard Money Lender for a HML?..................42 The Secrets of Hard Money Made Easy List of Illustrations Exhibit 1………………………………………………………………………..6 Exhibit 2………………………………………………………………………10 Exhibit 3………………………………………………………………………13 Exhibit 4………………………………………………………………………29 Exhibit 5a…………………………………………………………………….30 Exhibit 5b…………………………………………………………………….30 Exhibit 6………………………………………………………………………34 The Secrets of Hard Money Made Easy Introduction This is a must read for anyone interested in creating passive streams of income. It takes the mystery out of Hard Money Lending and shows the reader how they can become a successful lender themselves. THE SECRETS OF HARD MONEY MADE EASY This book is a resource for anyone who wants to create truly passive income from investments secured by real estate. The authors, Merrill Kaliser and Michael Hoffman, are licensed attorneys in the state of Texas, founders of a regional Hard Money Lending company, owners of two title fee offices and they manage a large real estate fund that purchases, rehabs and sells distressed residential properties. In addition, they are mentors and teachers with collective experience unparalleled in the Hard Money Lending industry. The reader will be treated to unique insights into Hard Money Lending, and will learn about the pitfalls and the windfalls of the lending business. This book is a supplement to the courses taught by the authors. They teach their students how to generate a return of 10-24% annually through Hard Money Lending Your financial future, and the financial future of your family, can dramatically change with a new way of approaching real estate investing. That change begins here! Lynn Andris Real Estate Investor, Mentor, Radio Show Host; and a mom who has changed the financial future of her family with the insights, mentoring and advice provided by Merrill Kaliser and Michael Hoffman. The Secrets of Hard Money Made Easy Contributors to this Book Merrill L. Kaliser, Esq. – Licensed attorney in the State of Texas; co-founder of Longhorn III Investments, LLC (Hard Money Lender); co-operator of two title fee offices in Texas (Dallas and Houston), co-manager of 3565 Texas Realty, LLC. Merrill’s experience as a corporate, bankruptcy, commercial and residential real estate attorney; coupled with his experience as a Hard Money Lender and real estate investor, brings unique insight to the analysis of Hard Money Lending. Merrill regularly speaks on radio shows and provides monthly lectures to investors looking for mentoring and education. Michael L. Hoffman, Esq. – Licensed attorney in the State of Texas; co-founder of Longhorn III Investments, LLC (Hard Money Lender); co-operator of two title fee offices in Texas (Dallas and Houston), co-manager of 3565 Texas Realty, LLC. Michaels’s experience as a litigator and operating title fee offices, coupled with his experience as a Hard Money Lender and real estate investor, brings unique insight to the analysis of Hard Money Lending. 4 Chapter 1: Hard Money Loans – What and Why? What are Hard Money Loans? Why do we have Hard Money Lenders? What is a Hard Money Loan? Okay. You have heard (or maybe not) of the terms “Hard Money Lender” or “Hard Money Loan”. What is a Hard Money Lender? What is a Hard Money Loan? Why is it “hard”? What does all of this mean? Is there easy money out there? Ironically, “Hard Money” is the easiest money to find and borrow. This book will walk you through the step-by-step analysis a Hard Money Lender uses when deciding to issue a Hard Money Loan. First, a Hard Money Loan (“HML”) has been defined as “a specific type of asset-based loan financing through which a borrower receives funds secured by the value of a parcel of real estate.” (Wikipedia). How is that any different from the financing provided to you on the house you live in, your homestead? Presumably, your home is not in distressed condition and is not as much of a risk (if you ignore the last three years) to the banks. HMLs are typically issued at much higher interest rates than conventional loans and are primarily based on the future value of the house rather than the current value of the distressed house. This is asset based lending. Because the house is distressed, the value (in the conventional lender’s mind) is more difficult to calculate and the loan is perceived to be more speculative and higher risk. The Secrets of Hard Money Made Easy A HML is generally based on the after-repair value (“ARV”) of the house in contrast to the actual value (“AV”) of the house. A conventional loan is typically based on the AV which is quite simply defined as the value of the house “as is” at the time the loan is made either using the contract price or an appraisal of comparable houses. The ARV, on the other hand, is calculated based on the value of the house after the estimated repairs are made on the property. This ARV is usually determined by an appraiser who searches for comparables of similarly distressed properties that have been rehabbed and sold in the same neighborhood within the last 3 to 6 months. We will discuss the calculation of ARV later. As you can see in Exhibit 1, there is a huge difference in the amount a conventional lender will loan on a house versus that of a Hard Money Lender, assuming that the conventional lender would even entertain a loan on a distressed house. Exhibit 1 Acquisition Cost of Asset Rehab amout on Asset Total Cost of Asset w/ Rehab ARV of the Asset Amount Lent Amount out-of-pocket $ $ $ $ $ $ Conventional Lender 50,000.00 20,000.00 70,000.00 100,000.00 35,000.00 (35,000.00) $ $ $ $ $ $ Hard Money Lender 50,000.00 20,000.00 70,000.00 100,000.00 70,000.00 - In Exhibit 1, our buyer finds a distressed home that is listed for $50,000 and in need of approximately $20,000 of repair work. After the anticipated repairs are made, the house should be worth $100,000 (ARV). Assuming that a conventional lender would loan on this distressed investment property, they would most likely lend based on the actual purchase price. With the typical conventional lenders, 70% - 75% loan to value formula, the investor would only receive financing of $35,000 (70% of contract price) vs. $70,000 (70% of ARV) from the typical Hard Money Lender. Remember, to complete the house and sell it at comparable market value the investor needs approximately $70,000 (acquisition plus rehab). Yes, you are correct, the 6 investor will come out-of-pocket approximately $35,000 for the deal in order to avoid higher interest and higher fees. We will discuss later, in detail, what those higher interest rates and fees are and how they affect the investor’s out-of-pocket expenses and profit. Why do we have Hard Money Lenders? Now that we know the basic difference between a HML and a conventional loan, we need to know who the hard money lenders are. You probably already figured out that a conventional loan is issued by a conventional lender, and a HML is issued by a ….. Hard Money Lender. What is a Hard Money Lender? A Hard Money Lender can be an individual, a self-directed IRA, a group of individuals, a corporation, a limited liability company, a business…the list goes on and on. None of these are regulated depository institutions, except for the self-direct IRA which is subject to its own set of rules and regulations. In reality, a Hard Money Lender is anyone or any entity that is willing to loan money based on a distressed house having a higher ARV in 3 to 6 months. To simplify, a Hard Money Lender is lending on the future value of the house. Higher risk yields higher returns in the mind of a Hard Money Lender. The novice investor may think a Hard Money Loan has greater risk; however, we will dispel this notion. This book, along with our courses, forms and due diligence checklist will show you how to minimize risks and capture higher returns. Wow!! You should be nervous! We are telling you that a federally insured bank will lend money to a startup company with no real property as collateral (knowing approximately 2 in 10 startup companies fail in their first year); however, it will not lend on a house that has a value (or future value) of at least 30% more than the loan amount. Additionally, the HML will be personally The Secrets of Hard Money Made Easy guaranteed by the borrower (i.e., a “recourse” loan1). That’s right, generally, conventional lenders will not lend on distressed houses.2 That is one of the most important reasons why we have Hard Money Lenders. Another reason Hard Money Lenders exist, and in our opinion the most important reason, is the investor/borrower. The investor/borrower wants to pick up that distressed property, rehab it and either flip it or rent it. The investor/borrower has contracted to acquire the house at a discounted price, creating a large equity spread between cost and ARV. This equity spread encourages investors to seek out Hard Money Lenders for funding instead of tying up significant amounts of their own money in one property or using their own self-directed IRA as funding. This is called “OPM”. OPM is a very technical term for “other people’s money.” Many real estate investors have significant amounts of cash and other resources, yet they still choose to use OPM. By using OPM, you keep your cash for other investments, emergencies, college education for your children, etc., in exchange for paying a higher interest rate and additional fees.OPM is another way of saying I am using someone else’s money to finance my investment property. Let’s recap: We have told you that it is extremely difficult to find a conventional lender that will loan on distressed properties. 1 A non-recourse loan means that the loan is not backed by a personal guaranty. It should be noted that there are some Hard Money Lenders that issue loans without requiring the personal guaranty of the borrower. These Hard Money Lenders are strictly asset-based lending. We, on the other hand, lend on the asset as well as the strength of the borrower financial wherewithal. 2 If you are an investor reading this book, you already know that conventional lenders will not lend on distressed assets; otherwise, you would not have any interest in learning about hard money lending. 8 We have told you that if you actually find a conventional lender willing to loan, the loan will most likely be based on the actual value. We also mentioned that there are higher fees and interest rates associated with Hard Money Loans. However, we haven’t discussed what HML fees are and how they affect your return on investment (“ROI”). Are the interest rates really that high, and fees really excessive? Yes. This book is written by brutally honest Hard Money Lenders. Facts are facts, and we will share with you the average fees and expenses3 associated with a HML versus a conventional loan, and why smart investors still choose hard money. We will not discuss using your own cash instead of financing because if you were interested in that you wouldn’t be reading this book. However, a brief point on using your own cash – OPPORTUNITY COST/LOSS. If you tie up $70,000 of your own cash in a single house, you have decreased three fold your potential returns. You could have leveraged that $70,000 on several houses by using OPM. Exhibit 2 – Conventional Loan versus a Hard Money Loan for a Buy/Rehab/Flip The Secrets of Hard Money Made Easy Acqusition Cost Rehab Cost ARV Conventional Loan $ 50,000.00 $ 20,000.00 $ 100,000.00 Hard Money Loan $ 50,000.00 $ 20,000.00 $ 100,000.00 Loan Amount Additioal Funds Needed for Rehab/Acquisition Interest Rate % Closing Costs % Closing Costs Dollar Amount Interest Payments for 6 Months Total Out-of-Pocket $ 35,000.00 $ 70,000.00 $ 35,000.00 6.5% 2.5% 875.00 1,137.50 37,012.50 14.0% 8.0% 5,600.00 4,900.00 10,500.00 Sales Price Closing Costs (10%) Gross Less Loan Amount Net $ $ $ $ Net Less Total Out-of-Pocket $ ROI Cash on Cash for Buy and Flip $ $ $ 100,000.00 10,000.00 90,000.00 55,000.00 $ $ $ $ $ $ $ $ 100,000.00 10,000.00 90,000.00 20,000.00 17,987.50 $ 9,500.00 48.60% 90.48% Exhibit 2 is an example of the difference between a conventional loan and a HML on a buy, rehab and flip investment. In this example, our investor is buying a home for $50,000 and needs to put $20,0003 into the house to be able to sell it for $100,000. We show the basic fees and expenses associated with each type of loan based on averages. For clarification purposes, 3 This does not include maintenance, ultilities and/or unanticipated overages on rehabs that may occur. We know it may sound ludicrous that the actual rehab amount may be more than the estimated rehab amount, but its true. 10 closing costs are points, fees and other expenses4. A “point” is simply a percentage of the loan amount (i.e., 1 point on $70,000 is equal to $700). In our example, the investor could qualify6 for $70,000 in financing by using a Hard Money Lender (70% of ARV) vs. $35,000 (70% of the acquisition price) with a conventional lender (if they are willing to lend on this house). One lender will lend $70,000 and the other will lend $35,000. Without taking into consideration points, fees and interest, the investor using the conventional lender will be out-of-pocket $35,000 in order to rehab the house. In this example, we assume the house will be rehabbed and sold within six months. Remember, the interest rates are annual interest rates. If our investor is holding the property for six months, the interest paid on the loan amount is cut in half (3.25% vs. 7%). In our example, the interest rate for the HML is a little more than double the conventional rate, but the amount of the loan is twice as high. The points and fees typically charged by Hard Money Lenders are 4 points and $1,000 in administration fees. There may also be an appraisal fee, inspection fee and survey fee. We have rounded the points and fees to 8% of the loan amount. If you add the interest payments, closing costs and outof-pocket cost for rehab, you are left with the “Total Out-ofPocket” cost. The Hard Money Loan is less than one-third of the conventional loan when looking at total cash out-of-pocket for the investor. The closing costs are typically 10%; 6% commission to the agent plus seller’s concessions and title fees and costs5. 4 Expenses may include, administrative expenses, loan document preparation fees, survey fee, appraisal fee, any applicable title fees and/or expenses. 5 It is very important to note that closing costs, when the investor is selling the rehabbed property can vary greatly depending on the commission charged by the listing agent to the percentage give, if any, to the buyer as seller’s concessions. We have seen closing costs range from 5% to 13%. It is critical to the investor/borrower (as well as the Hard Money Lender if you have to take the property back) to have your listing agent lined up prior to acquiring your asset so that you will know what the commissions will or should be when making your analysis to go forward with a deal. The Secrets of Hard Money Made Easy The bottom line is the return on investment. This is the investors report card. In this example, our investor’s return on investment is almost 2 times greater using a hard money loan. They benefit by using 1/3 of the amount of cash that would be needed for a conventional loan. Let’s recap. The investor/borrower can make twice as much profit on every dollar she puts into the subject property using a Hard Money Loan. Our Investor used about 1/3 of her cash to buy and flip a house by utilizing a Hard Money Lender. Our Investor could have purchased three homes (assuming same costs and expenses) and would still use less cash than an investor purchasing just one house with conventional funds, with a return of $28,500 (3 times $9,500) on approximately $31,500 in total out-of-pocket.6 That’s right, the investor can use $6,000 less to make $10,500 more in profit on essentially the same cash7. 6 Keep in mind that we are not factoring in any carrying costs (excluding interest payments) associated with the home or overages on rehab. These numbers would be the same whether an investor used conventional financing or a HML. The Closing Costs are a little greater than actual closing costs to cover carrying costs during the 6 month period. 7 We are telling you from the borrower/investor’s perspective, she has the ability to spread her risk on her $35,000 in the example above over three properties versus one by using a Hard Money Lender. From the Hard Money Lender’s perspective, the borrower has put 8% plus of her own money down, has rehabbed the property such that the property has an ARV that give the Hard Money Lender a 30% cushion if it has to foreclose and take the property back. If the proper due diligence is followed, this becomes a win-win for both the borrower and the Hard Money Lender. 12 In the example above, we have presumed that the borrower/investor is buying, rehabbing and flipping the property. Below is an example of the conventional loan versus a Hard Money Loan in the buy, rehab and rent scenario. Exhibit 3 Acqusition Cost Rehab Cost ARV $ $ $ 50,000.00 $ 20,000.00 $ 100,000.00 $ 50,000.00 20,000.00 100,000.00 Loan Amount Additioal Funds Needed for Rehab/Acquisition Interest Rate % Closing Costs % Closing Costs Dollar Amount Interest Payments for 6 Months Total Out-of-Pocket $ 35,000.00 $ 70,000.00 $ 35,000.00 6.5% 2.5% 875.00 1,137.50 37,012.50 14.0% 8.0% 5,600.00 4,900.00 10,500.00 $ $ $ ARV $ Closing Costs to refi (2.5%) $ Amount Refinanced (Assuming 6.5% and assuming the conventional could be refinanced) $ $ $ $ $ 100,000.00 $ 1,750.00 $ 100,000.00 1,750.00 70,000.00 $ 70,000.00 Cash Out (Assuming this is possible) $ 35,000.00 $ Net Less Total Out-of-Pocket $ 3,762.50 $ 12,250.00 In Exhibit 3, we demonstrate the costs and expenses associated with a conventional loan on AV and a HML on ARV. The example assumes that the conventional loan on AV will be refinanced in six months on ARV and (a big “and”) the borrower receives a “cash out” of up to 70% of the ARV less the original loan amount (i.e., $35,000). Given these assumptions, at the end of the six month period our investor would be out-of-pocket about $8,500 less than if they went to the Hard Money Lender. Remember, that is at the end of 6 months. If our investor/borrower did not have $35,000+ in cash to pay for their The Secrets of Hard Money Made Easy rehab and remaining acquisition costs, they would only be able to do the HML. Another way, from the investor/borrower’s standpoint is to tie up $37,000 in the property for six months with a conventional loan, while our investor/borrower who chose to go with the Hard Money Lender only tied up $10,500. If other great opportunities on distressed properties occurred during that time frame, the investor/borrower that went with the conventional lender would have missed opportunities unless they had an additional $35,000+ to put down on each deal. We cannot stress enough that the likelihood of finding a conventional lender to lend on distressed houses is practically nil. Further, the likelihood of a conventional lender allowing a refinance on the investment property in six months without a prepayment penalty may be slim, as is finding another conventional lender that will allow you a “cash-out”. If our investor/borrower is able to find conventional lenders that can facilitate these transactions, they should use them and send us their contact information so that we can use them as well! Finally, while we have provided financial and leverage scenarios to demonstrate why smart investor/borrowers choose Hard Money Lenders over conventional lenders; another reason is time. The time it takes to get lender approval and actually loan money to our investors/borrowers to acquire a home will make or break a deal. Many times, the only leverage that an investor/borrower has when making an offer to a seller is the promise of closing the transaction within 3-5 days after the option period (if one even exists). There are few, if any, conventional lenders that can do this. Not every Hard Money Lender has the ability to close a transaction in 3 – 5 days; however, our company can and we know a few of our competitors can as well. This ability gives our investor/borrower leverage with the seller. If the seller is aware that our investor/borrower is pre-approved with a reputable Hard Money Lender and can close in 3 – 5 days, the likelihood of obtaining a lower acquisition price on the subject house is much greater. The lower the price, the greater the potential equity for 14 our investor/borrower and the collateral for the Hard Money Lender. The Secrets of Hard Money Made Easy Chapter 2: Who can be a Hard Money Lender? Individuals Companies Individuals can be Hard Money Lenders In Chapter 1, we discussed what a HML is and the differences between Hard Money Lenders and conventional lenders. Anyone over the age of eighteen can become a Hard Money Lender. Yes, this book leans towards the legal confines of Hard Money Lending in Texas and the laws and regulations of other states may differ. Generally, lending on an investment house that is not used for homestead purposes by the borrower may be done by anyone, subject to the legal requirements of the state in which the house is located. John, a 19 year-old college student who has $70,000 in his savings account from either his parents for college tuition or from mowing lots of lawns for investors with rental properties, can be a Hard Money Lender. There is no magic number with respect to the amount of money a Hard Money Lender needs to have, other than having enough to fund the loan that the he has promised to make. The example we use throughout this book, of a $70,000 home (acquisition and rehab costs) with an ARV of $100,000 is our average loan.. We know of individuals that provide $10,000 HMLs and individuals that will loan $1,000,000+. The amount of money an individual is willing to loan should be based on the amount of money that individual can afford to give up access to for 6 to 9 (possibly longer) months, in conjunction with risk tolerance and the level of due diligence they are willing to do on the 16 investor/borrower and the subject house. Currently, in the state of Texas, individuals who are Hard Money Lenders are not regulated, provided that they are not lending on homestead property.8 If it is that easy, why isn’t everyone who has cash sitting in money markets and/or CDs acting as a hard money lender? That’s why you are reading this book or have purchased our education and mentoring programs, you are beginning to see the possibilities. The truthful answer is that it is not that easy if you want to make sure that you have minimized all of the possible risks. Most individuals, who are not involved in real estate investing, don’t have the time, knowledge or inclination to become a Hard Money Lender (present company included several years ago). Okay, one more time, the more risk adverse you are, the more due diligence and criteria you will require on a HML (more work). The less risk adverse you are, the less due diligence (i.e., less work); however, the greater chances of defaults, foreclosures, etc. Many of you may be older than 19, and have 401Ks or IRAs. Most 401Ks and IRAs will not allow you to lend on residential real estate because that investment is not part of the trustee’s investment portfolio. When you put your retirement money with a 401K or IRA they will only let you invest in their investment portfolio. Bottom line, if they don’t make money off of your money, you can't do it. This is where the self-directed IRA comes in. A self directed IRA gives you more freedom to invest your retirement saving as you see fit. Many allow for a wide variety of investments including HMLs. We do not promote any companies (other than our own) in this book; however, there are two very good national companies that will convert your IRA to a self-directed IRA. If you want more information about these companies, please contact us. 8 Notwithstanding what we just stated, ALL LOANS will be subject to applicable usury laws in your state and you are strongly encouraged to consult with an attorney as to the usury rate and how usury is calculated in your state. The Secrets of Hard Money Made Easy Companies can be Hard Money Lenders Companies may also be Hard Money Lenders. In fact, without giving legal advice whatsoever, we prefer companies especially limited liability companies ("LLC"). Having a company as a Hard Money Lender provides the legal protections of a corporate structure (remember, we said this is NOT legal advice). Another reason why people prefer to use corporate structures such as limited liability companies, is for pooling funds. Often, individuals will only have $10,000 or $15,000 available for an investment. By pooling 5 individuals, each with $15,000, you can form a corporation and lend out $74,00019. No, $15,000 times 5 is not $75,000. We are doing lawyer math here. Don’t forget that you have to pay your attorney $1,000 plus to set up the corporation or limited liability company. Just making sure that you haven’t fallen asleep yet, we are only on page 8. In our business we use a couple of corporate entities, our investors use corporate entities and most of our competitors use corporate entities. We all have different lawyers advising us, and have arrived at the same business structure. Are we on the same page? There are legal protections and tax benefits that heavily favor using a corporate entity, instead of an individual, for Hard Money Lending. Take that same example of John, who is 19, and has more money than he needs. John can meet with an attorney and spend $500-1,000 and form John, LLC and use his limited liability company to lend $69,000 as a HML. That’s right, John better find a borrower who only needs $69,000 instead of $70,000 or else he may have potential legal problems with the borrower. This probably goes without saying, but we are going to say it. DO NOT PROMISE TO LEND A BORROWER AN AMOUNT OF MONEY THAT YOU DON’T HAVE! We really shouldn’t have to explain this statement. Don’t do it. If you don’t have it, don’t 9 It is important to note that pooling of investors and/or solicitation of investors to purchase securities may subject you to various state and federal requirements. 18 lend it. There will be a high probability that you will be the subject of a lawsuit and be paying for your attorney’s children’s private school. Now, you know that you as an individual or you as an entity, or part of an entity, can be a Hard Money Lender. Do you want to know how much money you can make being a Hard Money Lender? Your returns are dependent upon the state that you live in, or the state that your lending entity is located in. Please check with your local attorney for advice on the amount of interest and fees that you can legally charge a borrower. The Secrets of Hard Money Made Easy Chapter 3: Why do you want to be a Hard Money Lender? 10-24% passive annual income Do I have to do all the work or can someone else do the work for me? 10 – 24% passive annual income Why do you want to be a Hard Money Lender? If your answer is that you don’t; you are lying. You would not have picked up this book if you didn’t have interest in Hard Money Lending. The truth is that we all want 10-24% passive income. If you can turn $100,000 into $110,000 -$124,000 vs. $102,000 with a CD or Money Market account you will, or you should, really want to be a Hard Money Lender. Is it really “passive”? Not really; you will still have to do some amount of work, or you will have to give up a portion of that “passive” income to pay someone else to do the work. If after reading this short book, you decide that you would rather give your $100,000 to a bank that will loan to the startup company that will most likely fail while paying you up to 1.5% annually to hold your money and borrow against it, please contact us and enlighten us on that decision. Back to the good stuff - 10-24%. Why 10-24%? Why not? These are arbitrary numbers. If you really want to go out and loan 5% as a Hard Money Lender, then do it. You will be the most popular guy in the room until that $69,000 (this is just a number, you might lend out $500,000) is gone. Then the smart guy sitting 20 next to you stands up at the investment club and offers loans at 13%. He is now the most popular guy in the room. Do you know why? That’s right, he is the next person willing to lend on a distressed house that no bank will touch. The investors in that room are looking for properties with 20-40% equity after rehab and acquisition costs, and they really don’t care what the interest rate is because using a HML increases their overall ROI. How do you get 24% passive income (i.e., interest on your money)? If you are in Texas, you probably can't. Most authorities believe that 24% is usurious on these types of loans. However, there are some states that allow up to 24% interest on HMLs. The typical interest rates on hard money loans in Texas are between 13% and 16.99%. How is this passive income? It is passive income after you make the loan. You don’t have to do anything assuming that you did all of your due diligence and the borrower refinances or sells the property prior to the maturity date on the note. You sit back and collect your monthly interest only payments until the maturity date of the note. Sound too good to be true? Technically, if you follow the steps in this book, or our seminar, you would have spent significant time performing your due diligence on the individual borrower and on the property prior to making a loan. After, and only after, analyzing the due diligence and assessing the risks, would you make the loan. Then you can sit back in your electric media room chair watching your favorite sporting event,or you can figure out a way to make your next hard money loan! Do I need to do all of the work or can someone else do it for me? Guys and gals, don’t misunderstand us. You cannot receive all the passive income without first doing some work. Many of you will not want to do the work to get the passive income. That’s okay, we can help you with this. Yes, here comes the plug for corporate Hard Money Lenders. You can always place your money with a reputable Hard Money Lender and have them perform the due diligence. Notice that we use the word place. There is a significant different between investing in a company that issues hard money loans and being the actual lender servicing the hard money loans. While we will not provide the detailed legal analysis in this book, The Secrets of Hard Money Made Easy we can state that an investment in a company is simply an equity interest and that equity interest gets wiped out if the company does not do well – just like purchasing stock. On the other hand, acting as a lender through a corporate Hard Money Lender, your money is secured by a first position on the deed. The Hard Money Lender (servicer) should perform all of the due diligence on the borrower and the property, services the note, manages the rehab escrow and takes care of most of the other issues that could arise whether you are the actual lender or you have purchased a membership interest in a company that is a lender. It is possible, and probable, that the Hard Money Lender will only provide you with a 10-12% return on your cash, but they are doing all of the work for you. Further on in this book we will discuss in detail all of the due diligence that should be analyzed prior to making the HML so that you can decide whether you want to do it on your own, or use a Hard Money Lender to provide the due diligence and all of the servicing on the note. Are most Hard Money Lenders the same? Good question, who asked that? The answer is unequivocally, “no”. Be very careful if you choose a Hard Money Lender to do the leg work for you. Not all Hard Money Lenders are the same and not all Hard Money Lenders are structured the same way. You should have two primary concerns when choosing a Hard Money Lender. First, the rate of return for the use of your cash. Everyone wants the highest rate of return, but remember “pigs get greedy and hogs get slaughtered”. We are not talking about breakfast here, we are talking about maximizing the return on your investment while minimizing the risks. Not all Hard Money Lenders that provide a 14% return or higher on your money are riskier than those providing a 10% return. In contrast, do not assume that a company paying you 10% on your money is doing any more to minimize your risks than the company that pays 14%. Do your own due diligence on these companies (this whole due diligence thing is starting to sound like a broken record player). Second, you should be asking yourself, “how is the company structured with respect to your investment?” Are you a 22 member in the company’s limited liability company (“LLC”) or a shareholder in their corporation? If something happens to the LLC or the corporation, your money is gone. That’s right, gone! Yes, you can sue the company and file a claim when they are in bankruptcy, however, remember, you are equity (an owner of a piece of a company like a share of stock and your stock will be worth the same as the shareholder’s of Enron) not a lender whose interest is secured by a hard asset. Other Hard Money Lenders are structured differently,they merely act as a broker for your money and provide all of the due diligence and the servicing. You are not investing in the company, rather you are the direct lender on the loan and the Hard Money Lender is putting the transaction together and performing all of the due diligence. Why would the Hard Money Lender want to do this for you? Money, money and more money. The Hard Money Lender charges the borrower points and fees to cover the costs of analyzing the borrower’s financials, the property and the borrower’s exit strategy. In other words, John comes to us (I mean the Hard Money Lender) and says, “here is my $70,000 to put towards a hard money loan.” John is told that he will be the lender on a loan that has a 14% annual interest rate and a maturity date of 6 months. Simply stated; John will make 1.17% per month, each month, until the maturity date of the note. On the maturity date, John will receive his principal back from the borrower (hopefully). But wait, there’s more. John is the actual lender, meaning that John has the lien on the property and is the payee on the note, not the Hard Money Lender. If something happens to the Hard Money Lender, John’s lien and note are unaffected. Starting to sound like an infomercial yet? If you act now, the Hard Money Lender will do all of the due diligence, facilitate the closing, and throw in free servicing to ensure that payments are made promptly and timely all for the very low price of 4 points and $1,000 in admin fees paid by the borrower– no cost to you! Awesome! Where do you sign up? Remember what we said earlier, do your due diligence on your Hard Money Lender. Not every Hard Money Lender was created equal. A few, like the authors of this book (sorry, did it again - shameless plug), actually provide all of those services at no cost to you. You could, however, The Secrets of Hard Money Made Easy opt to do your own due diligence and servicing and charge 18% and no points to the borrower or charge them a certain interest rate and points. If you become a Hard Money Lender on your own be very careful with usury and consult your attorney for the calculations of total annual percentage rates for your state. Don't worry, you don’t have to make a decision yet. More details are coming on the due diligence, servicing and resolutions to good loans gone bad (no, this is not a Spring Break video). 24 Chapter 4: How does a Hard Money Lender analyze a deal? Analyzing the Individual Financials Credit Score Employment History Cash Reserves Rental properties owned Foreclosure/Bankruptcy History Analyzing the Property Executed Contract Rehab Estimate Comps (Sales/Rental) Location Loan to Own Loan to ARV Ratio Exit Strategy of the Borrower Analyzing the Individual While some Hard Money Lender’s solely look at HMLs as asset-based loans and the “loan to own” approach; we’re different. It is true, that ultimately, the most important item to analyze is the property. However, we also analyze the borrower. This is The Secrets of Hard Money Made Easy especially important if the borrower is seeking to refinance the asset after rehab.10 Currentlyseventy-five percent (75%) of our borrowers are purchasing properties to rehab and rent versus rehab and re-sell. If the borrower is rehabbing and renting, then the borrower will be seeking conventional “take-out” financing or refinancing to replace the higher interest HML. It is very important to understand the conventional lender’s requirements for refinancing the HML. We take the approach that every borrower will be refinancing; therefore, we look at the borrower’s financials and credit worthiness as well as the house. The first thing that we do is have the borrower fill out a 1003 application. This is an application requesting the borrower’s financial information as well as authorization to run a credit report on the borrower. Upon receipt of the signed 1003 application (it is very important that the application is signed), we pull credit through a credit reporting service that provides us with three credit scores and a report on the prospective borrower. Our minimum mid-score16 credit requirement is a 650. Assuming that the borrower has a 650 mid-score or higher, we then look at the borrower’s financials. We look at employment history, lengthy of employment with current company and cash reserves. The borrower’s cash on hand is the second most important item in qualifying for a loan. We want to make sure that the borrower has at least six months of interest payments sitting in a cash or money market account. The obvious reason for this requirement is the borrower’s ability to service the interest payments. 10 Remember that the borrower should be able to refinance with a conventional loan once the property is rehabbed and rented; provided that her credit and financials meet the conventional lender’s requirements. 26 Many of our borrowers have multiple rental properties which are disclosed on the 1003 application. We review their rental properties for cash flow issues. For example: if a borrower has three rental properties and the total monthly debt service is $2,000 and the total monthly rent collected is $1,800, then we will verify that there is significant cash on hand to cover the negative cash flow on the properties and the interest payments on the proposed HML. Finally, if there has been a bankruptcy or foreclosure in the last three years, we simply pass on the loan. It is important to understand that there are Hard Money Lenders out there who are not concerned with bankruptcies or foreclosures. They are strictly loan to own. They only look at the property and ask, "If I have to foreclose on the property would Iwant it?" Don’t misunderstand us, we look at properties the same way (as you will see below); however, we don’t want the borrowers thinking that this is a viable option. At the end of the day, taking back the property and trying to sell it takes time and during this time there are no interest payments creating passive streams of income. To recap, as a Hard Money Lender, it is very important to review the borrower’s financial wherewithal as if you were the conventional bank providing a refinance on the property. If the borrower cannot qualify for refinancing on the property today, it is unlikely they will be able to qualify in six months. Analyzing the Property Here comes the fun part, “how to analyze a property.” Location, location, location!! You hear that every day regarding real estate. The location and condition of the property is everything. Yes, you have to analyze the property as a “loan to own” property. The goal should not be to take the property back; however, if you have to take the property back, you want to make some money on the foreclosure or deed in lieu (which we will discuss later). The Secrets of Hard Money Made Easy Sometimes it will be painfully obvious, when you see pictures of the property combined with the rehab estimate, that the project is too big. Our general rule of thumb is that we are not in the business of construction loans (i.e., if the rehab is more than 40% of the acquisition cost, we are generally going to pass on the property). First, you want to see a copy of the executed contract so that you know what the acquisition cost of the property is. Make sure that you ask for any amendments to the contract as well. Often the price is reduced after a rehab and you don’t want to be in a position where you are loaning too much money on the house. Second, have the borrower send you a detailed rehab estimate. You don’t want the borrower to eyeball the property and give you paint, flooring and roof totaling $20,000. It is important to have an insured rehab company or general contractor provide a detailed rehab estimate. Included with the rehab estimate should be a proof of the rehabber’s insurance. If you are unfamiliar with the rehabber, ask for references and pictures. Then check them out! This is your money that you are loaning out and if you “loan to own,” you want to insure that a quality rehab is performed (there is a discussion pertaining to inspections coming up that helps insure that the rehab is performed properly. Another reason that a detailed rehab estimate is so important is that the estimate will be given to the appraiser to assist the appraiser’s job of determining the ARV - the number that you will base the HML on). We have provided a sample of what a rehab estimate might look like in Exhibit 4. 28 Some rehab estimates are substantially more detailed than our example; however, Exhibit 4 provides enough detailed information for the appraiser to see what will be completed on the property and gives him the ability to run true comparables of ARV to determine what the property should sell for after the repairs have been completed. It is important to note, that the appraiser may request a breakdown of the repairs in order to provide a more accurate ARV appraisal. Third, comparable sales and rents need to be reviewed closely. Comparable sales and rents help to determine whether the property is in a good location and whether the property is being offered at a price that allows the borrower to realize a profit based on purchase price and rehab costs. If the borrower’s exit strategy is to flip the property, a red flag should pop up if the average days on market for sales in the subject property’s neighborhood is over 100 days. It doesn’t necessarily mean that it is not a good property, but it requires more due diligence. There could be 35% in equity and the borrower may be selling the property at 10-15% below comparable sales (“comps”). When reviewing rental comps, you want to look for two things: (i) the days on market (the number of days it takes from listing the property until leasing the property); and (ii) the $ per square foot for rental price ($.87 per square foot on a 1,000 square foot property should give you a rental comp of $870 per month). We have provided some sample sales comps and rental comps below for the same subject property. The Secrets of Hard Money Made Easy Exhibit 5A Exhibit 5B 30 It is very important that you know how to read comps. If these comps are for the subject property 614 Lynne with 1,836 square feet, then we need to analyze the numbers to determine what comparable rehabbed properties have sold for $ per square foot (“$/SF”) as well as days on market (“DOM”). When you see comps that show properties sold at a substantially lower $/SF than others, ask for the actual listings on those properties to see if they are rehabbed properties or distressed properties sold “as is”. Assuming that all of the comps in Exhibit 5A are rehabbed comps (we would probably exclude the comp that has a pool), then take the average $/SF sale of approximately $63 per square foot. Take $63 times 1,836 (the square feet of the subject property) and you can estimate the ARV at approximately $115,668.11 If the Hard Money Lender is going to lend 70% of ARV, the approximate loan would be $81,000 (subject to the actual appraisal). This gives the Hard Money Lender an idea of how much to lend on this property. With respect to the “loan to own” mentality, we (as the Hard Money Lender) would want to know what type of rents this property could get as well. Take the 1,836 square feet times the average $/SF of $.67 and we have an estimated rent of $1,230 (round down to $1,200 per month).These are guidelines, prior to seeing the actual appraisal, that assist Hard Money Lenders in their decision to move forward on a particular property. Loan to Value Ratio The loan to ARV ratio is an arbitrary number. Because our analysis includes the evaluation of the borrower, we typically will lend at a 70% loan to ARV; provided, that (i) the acquisition costs and rehab equal or exceed 70% (i.e., we will not lend more than the acquisition cost and rehab cost); and (ii) we will not roll closing costs (points, fees, expenses, etc.) into the loan amount. 11 Note that this is not the appraiser’s final number. This gives the Hard Money Lender a ballpark idea prior to moving to the next step and sending the property to the appraiser. The Secrets of Hard Money Made Easy Some Hard Money Lenders, that “loan to own” may lend at 50%- 60% of ARV because there is a higher risk of default when they do not analyze the borrower’s financial warewithal. Other lenders, may loan between 50-70% of ARV if the borrower’s credit score is below 650 but above 600. The loan amount really depends on the risk tolerance level. If you have a borrower with a 450 credit score and a property in a bad location with average DOM of 200, then we would suggest going to Las Vegas instead. There will probably be better odds of making a return on your money there. 32 Chapter 5: Borrower looks good and property looks good. What next? Financing Proposal to the Borrower Find an appraiser and get the ARV ASAP Revise Financing Proposal if necessary What does the title commitment say? Have your Attorney prepare the Loan Docs Which loan documents should you need and what is the purpose of each document? Send Documents to Title Company Once you receive a copy of the Executed Documents you are ready to fund Financing Proposal We have pre-approved the borrower and pre-approved the property. What are the next steps? It is time to send the borrower a financing proposal. Remember, this is just a proposal and subject to change. The financing proposal does provide the borrower with an estimate of how much you are willing to lend and what the expected fees, expenses and down payment are. Exhibit 6 is a typical example of a financing proposal. The Secrets of Hard Money Made Easy Exhibit 6 34 This particular financing proposal does not have a rehab request because the borrower is funding the rehab repairs with their own money. Once the financing proposal has been signed, it is time to forward all of the property information to the appraiser for an ARV appraisal. Appraiser As a Hard Money Lender, you want a professional to confirm the ARV of the house. Find a good licensed appraiser or two (preferably one with good references and used by other Hard Money Lenders and/or conventional banks) and send the contract and the rehab estimate along with information giving the appraiser access to the property. Once you have received the appraisal, review it and determine if the ARV is higher or lower than what is on the financing proposal. For example, if the appraisal on the property in Exhibit 6 came back at $120,000 (unlikely if you have followed all of the steps that we have laid out), you would adjust the loan amount to $84,000 as well as the amount of the points. Title Commitment Most lenders and borrowers just glance over the title commitment issued by the title company.18 You want to look at the loan amount that is being insured as well as all of the items on Schedules B and C. These are important because these items reference liens, restrictions, covenants, etc. that run with the property and which may have priority over your deed of trust. If you are uncertain regarding any item on Schedules B or C, you should contact your attorney or the escrow officer preparing the title commitment for a detailed explanation. In the majority of cases, a good title company will inform12 you over encumbrances, liens, etc., that need to be resolved prior to issuing clean title. 12 Not every title company will do this. Many just send the title commitment and you are out of luck if you miss a lien or encumbrance and they issue title around that. We know from experience. The Secrets of Hard Money Made Easy Loan Documents You have the signed financing proposal, the appraisal and clean title from the title company, correct? Now, it is time for the attorneys to protect your investment. Here is where we diverge slightly and lean towards our good friends in Texas. If you are reading this book and are lending money outside of Texas on properties outside of Texas, then you should seek legal advice from an attorney licensed in the state where the property is located regarding documents to best protect your investment. With respect to Texas (again, we are not providing legal advice here), we recommend, at a minimum, the following documents: Affidavit and Designation of Commercial Property Borrower’s Closing Certificate Deed of Trust Escrow Agreement Lender’s Instructions to the Title Company Notice from Lender’s Attorney to Borrower Promissory Note Warranty Deed This is the standard loan document package that many Hard Money Lenders use. The purpose of these documents is to provide evidence that secures the Hard Money Lender’s first lien position on the property. The Affidavit and Designation of Commercial Property is to protect the Hard Money Lender in the event that the borrower files bankruptcy and tries to claim the property as her homestead. The promissory note should be selfexplanatory. 36 The Escrow Agreement is a very important document if the borrower is borrowing money for rehab on top of the acquisition cost. Generally, you are not going to feel warm and fuzzy giving the borrower all of his $20,000 rehab money at closing. A Hard Money Lender should structure this like a construction loan. As repairs are completed, the borrower sends a draw request to the Hard Money Lender. The Hard Money Lender forwards the request to an inspector who then inspects the property to verify that those particular repairs have been made. Upon verification, the Hard Money Lender will cut a check from the escrowed rehab account to cover the draw requests; providedt hat the draw request is not more than the amount in rehab escrow. For a more detailed explanation of the standard loan documents, feel free to contact us or your attorney. Once the loan documents have been prepared, they need to be sent to the title company along with instructions that specify what fees and expenses are to be paid for by the borrower and how much money will be held back if there is any rehab financing. The rehab holdback, or escrow amount, is set forth in the escrow agreement. After the title company has received the loan documents, it will update the HUD and schedule a closing. A Hard Money Lender should not fund money on a closing until the title company has sent the Hard Money Lender a copy of the signed and notarized loan documents. Again, DO NOT FUND until you see those signed documents. Technically, the title company can hold your money in escrow until the documents are signed; however, we generally do not fund until we have signed loan documents. The Secrets of Hard Money Made Easy Chapter 6: Servicing the Loan Calendar Reminders/Payment Coupons Maturity Date – what to do? Borrower Refinancing Extensions Servicing the Loan The loan has been funded and the borrower has started their rehab on the property. Between now and the time the property is sold or refinanced, there are two things to be concerned about (assuming it is not hurricane season): (i) timely receipt of payments; and (ii) rehab draw payments. Timely receipt of payments is crucial. For most Hard Money Lenders, the term on the promissory note will between 6 – 12 months with the first payment received 30 days after closing on the loan. Your promissory note should set forth the date upon which the interest payments are made. Guess what, 95% of the borrowers will never read the note and forget to make their payments. You can refresh the borrower’s memory in a couple of ways by providing (i) payment coupons; (ii) email reminders or (iii) Outlook calendar reminders for the recurring payments. If these reminders are, shall we say, “unsuccessful”, then you will need to refer to the loan documents to determine what type of notice should be sent to the borrower for their tardiness or missed payment. The other item to be wary of is the rehab draw request. You, as the Hard Money Lender, agreed to loan a certain amount for rehab costs. Once the rehab request has been made for completed rehab or a portion of the rehab, you should have the 38 property inspected and provide the rehab amount to the borrower in an expedient manner. This is important for future business with the borrower and, more importantly, you may have a legal document that requires you to make the payment within a certain timeframe after an approved inspection has occurred. One item that you should discuss with your attorney is whether you want a lien release (or partial lien release) from the rehabber every time a rehab payment is made. Without providing legal advice, the lien release (if drafted and executed properly) prevents the rehabber from putting a lien for unpaid work or materials on the property which may jump in front of the Hard Money Lender’s lien. Maturity Date is Coming up You have been servicing the loan and everything is going well but the sixth month is coming up and no conventional lender or title company has contacted you regarding a payoff amount or verification of mortgage. What should you do? You should pray that the house is still there and there are not 22 people living in it operating an illegal business. We are kidding of course. If we have not heard any news from the borrower or a conventional lender regarding the subject property by the 5th month, we will contact the borrower and inquire as to the status of the property and how the exit strategies are moving along. Our position, as a Hard Money Lender, is to try and stay in contact with the borrower monthly. We will help them find refinancing with conventional lenders if that is what they are looking for. If the borrower tells you that the property has been on the market for 4 months and they want extra time to lower the sales price and sell it, or that they need extra time to obtain refinancing or get a renter in the house, then you, as the Hard Money Lender, have a decision to make. You can either, take the property back (through means that we will discuss in Chapter 7) or grant an extension on the promissory note. Most Hard Money Lenders have a provision in their notes that grants a three or six month extension, solely at the Hard Money Lender’s discretion, for an extension fee. The Secrets of Hard Money Made Easy While the granting of an extension fee is subjective, we would caution you to review the payment history of the borrower as well as the condition of the property and whether it is rented before making the decision on either taking the property back or granting a 3 – 6 month extension. 40 Chapter 7: Borrower Defaults Extension Foreclose Deed in Lieu of Foreclosure Continue monthly payments Extension What happens when the Maturity Date comes up and you have not heard anything from the borrower? Don’t panic! The first order of business is to contact the borrower. You, as the lender, may choose to extend the maturity date of the note. Many Hard Money Lenders will have an extension clause in the promissory note that grants a 3 or 6 month extension on the note provided certain requirements are met and that the borrower is not in default. Typically, we see Hard Money Lenders granting a 3 month extension for an additional point and continuing the interest rate at the original interest rate or increasing the interest rate to 18% until the extended maturity date Foreclosure/Deed in Lieu of Foreclosure The other option, assuming that an extension is not justifiable or if the borrower has defaulted under the note, is foreclosure. In Texas, there are two methods of foreclosure that Hard Money Lenders prefer. The first is non-judicial foreclosure (i.e., post the property per the requirements of the state of Texas and have an auction on the property on the first Tuesday of the following month). This process takes time, at least 30-45 days provided that the borrower does not have a renter in the property. If there is a renter in the property, there may be other legal issues that you will need to discuss with your attorney. You do need to be aware that at a foreclosure, if the property is bid up higher than The Secrets of Hard Money Made Easy the note, interest payments and attorney’s fees, the borrower will get the difference. In reality, it is rare that this property would go for more than the note at a non-judicial foreclosure. The other option is to take a deed in lieu of foreclosure. The borrower will need to agree to this in order for the borrower to deed the property back to the lender. In this scenario, there is no 30-45 day delay. The downside of the deed in lieu is that if there are other liens on the property, they will follow the property versus a non-judicial foreclosure which may wipe out most of the liens on the property. We would strongly recommend that prior to foreclosing or accepting a deed in lieu of foreclosure, you contact a title company and have a title search performed to determine if any other liens have been placed on the property. 42 Chapter 8: Should I be a Hard Money Lender or provide money to a Hard Money Lender for a HML? The big question, after reading through this book, is whether you want to be a Hard Money Lender or whether you would like to provide money to a Hard Money Lender and have the Hard Money Lender perform all of the due diligence and the servicing on the loan. To simplify the question even more, do you want to make 18% return on your money by doing all of the due diligence and servicing, or do you want to make 10-14% on your money by literally being a “passive” investor. Both options are good options; however, the higher the yield the more time and effort you, as the Hard Money Lender will have to put into each loan. We provide consulting to prospective Hard Money Lenders, private lenders, people with self-directed IRAs and many others. We are available for consultation or you may attend some of our paid seminars to obtain more details on all areas of hard money lending as well as due diligence forms, checklists, loan documents, etc. If you have questions or need additional information, please feel free to contact us: Longhorn III Investments, LLC 17950 Preston Road, Suite 230 Dallas, Texas 75252 (214) 420-7300 Merrill Kaliser Michael Hoffman info@longhorninvestments.com The Secrets of Hard Money Made Easy