Buying Non-Performing Notes: Ultimate Guide
Richard Allen
Co-Founder at Paperstac - The Technology Powering Tomorrow's Mortgage Debt Trades
Buying Non-Performing Notes: Ultimate Guide From The Paperstac Blog
Published on April 24, 2023
Real estate investments can be a profitable venture, but managing physical properties can be a daunting task. Fortunately, buying non-performing notes offers an alternative way to invest in real estate without the hassle of being a landlord. By purchasing mortgage loans from lenders where borrowers have stopped making payments, investors have the potential to earn significant profits, as these loans are sold at a discounted rate.
However, investing in non-performing notes is not without risks, and it's important to have a thorough understanding of the process before making an investment. That's why we've created the ultimate guide on buying non-performing notes.
Ultimate Guide on Buying Non-Performing Notes
If you're interested in investing in non-performing notes but aren't sure where to start, our ultimate guide has got you covered. This guide will equip you with what you need to know to find, evaluate, and purchase non-performing notes. We’ll start by explaining the key differences between non-performing and performing notes, so you can better understand the benefits and risks associated with each.
Then, we’ll provide you with valuable tips on conducting due diligence, including what to look for in loan documents, borrower history, and more.To help mitigate risks, we’ll guide you on creating a due diligence checklist of important items to consider before making an investment.
So, if you're looking for an alternative way to invest in real estate, non-performing notes can be an excellent opportunity to consider. And with our ultimate guide on buying non-performing notes, you'll have the knowledge and tools you need to get started with this exciting investment opportunity.
What Are Non-Performing Notes?
Let’s start out by answering, “what are non-performing notes?”.?Non-performing notes are loans that the borrower is behind on or has stopped making payments on.
Non Performing Notes Definition:?In real estate, a non-performing note simply means the borrower has ceased making payments and has done so for 90+ days.
Key Takeaway:
What Are Performing Notes?
Performing mortgage notes?are precisely what they sound like: the borrower makes monthly payments on the loan in accordance with the terms and is not in default.
When is a mortgage note considered performing?
When a borrower pays on time and consistently makes the monthly payment according to the terms of an existing note, the mortgage note is considered performing.
Comparing Performing Vs. Non-Performing Notes
Performing Notes
Non-Performing Notes
How To Value Non-Performing Notes
Non-performing loan values depend on a few variables, including the note, collateral, and borrower details and how the purchase relates to your specific investing strategy.
Things To Consider When Buying Non-Performing Notes
Are there?things to look out for when buying non-performing notes? If so, what are some of these things?
Yes, there’s risks involved but you can mitigate all these risks with due diligence and how cheaply you buy the asset.
Establishing The Story
One of the top mistakes people make with non-performing notes is not establishing the borrower’s story. They make the mistake of not looking at payment history and servicing notes to help confirm last pay date, loan to value, and occupancy status, all of which help with establishing the borrower’s story to figure out potential exit strategies and risks to factor into the purchasing price.
As mentioned, it’s very important to look at the servicing notes and the payment history to establish the story! By doing so, you can identify?potential exit strategies?that may have been overlooked by others who didn’t take the time to thoroughly analyze the servicing notes.
Servicing notes, payment history, last pay date, loan to value, and occupancy status are all critical things to consider as part of your due diligence when buying a non-performing mortgage note! Get to the bottom of this to establish the borrower’s story, potential risks to factor into the value and purchasing price and figure out potential exit strategies.
In other words, do your Sherlock Holmes thing and try to put the puzzle pieces together.
Review Taxes
When purchasing non-performing notes, checking the tax status is crucial to avoid costly mistakes. If the borrower has not paid their mortgage, they are likely behind on property taxes as well. Check with the servicer or current owner to see if they have been paying the taxes. Past due taxes can eat into potential profits and should be factored into your bid.
Always Review Property Taxes and Obtain an O&E Report
Call the county and city to confirm if there are any outstanding tax liens or unpaid taxes on the property.?Don’t solely rely on the O&E report, as it may miss some tax liens.
Impact of Neglecting Taxes
Neglecting taxes can lead to substantial losses, as seen in the case of Chad Urbshott when he came on for our?win, lose, and learn?series for the Paperstac Podcast.
He mentions in the episode how he lost it because of not looking into the property taxes. He was just starting out and didn’t think about taxes being a crucial part of due diligence for non-performing notes. It was a great lesson on how you can lose it over taxes.
Remember, unpaid taxes can wipe out potential profits, so it’s crucial to do thorough due diligence on property taxes when buying non-performing notes.
Why Reviewing Taxes Is Crucial
In other words, you could be buying a hundred thousand dollar property. And there’s a couple years of past due taxes totaling 17 grand; which would mean 17 grand of your potential profit could be destroyed.
Which is why it’s important to stress that you want to find out if there are past due taxes.?You want to work that into your bid if there are past due taxes.
Once you get your bid accepted you want to do the deeper dive by calling the county and the city to see if there are any tax liens outstanding or past due taxes that need to be paid on this.
Sometimes you can see this in an O&E report, but you still want to call in case someone who’s preparing the O&E report misses tax liens.
If you think about it, the only thing they will be able to do is refund you the $85 dollars or so you spent and they will apologize and tell you sorry we missed it. Well, if it’s $17,000 that’s not doing much to make you whole. So it’s important to call the city and call the county as part of your due diligence for property taxes when buying non-performing notes. You can see how taxes are a big one for things to watch for when buying non-performing notes!
Key Takeaways:
Know How To Get Your Hands On The Original Note
One last common mistake worth mentioning that note investors make when first starting out is not getting their hands on the original note or LNA (Lost note affidavit) if the original note is destroyed.
It is crucial when buying non-performing notes to make sure you have the original note with you. Occasionally, they are destroyed, and a lost note affidavit can be found in place of it.
This is acceptable as long as a copy of the note is present. But, you should attempt to make sure you have the original wet ink promissory note whenever you buy the collateral. This is because the mortgage note proves you own the loan. This is particularly important if you have to foreclose on the property.
You can request a new copy of the mortgage note from the following sources:
Foreclosure Laws, Property Condition Report, & ARV
Make sure you understand the?foreclosure laws?in the state where the underlying asset is located. This factors into knowing the foreclosure process and more of an idea on the amount of time it may take and money it will cost.
If time allows, obtain an updated property condition report before purchasing the note, but definitely before completing the foreclosure. The property condition report is critical in determining any capital improvements that are required. And what the ARV will be.
HOA Fees
HOA fees, another big one to consider. Not just HOA liens, but HOA rules and regulations as well. There are certain rules that come with an HOA. If you end up taking the title you are responsible for paying transfer fees. There are all kinds of different fees that you can get hit with. How would you know that, though? You have to look at the HOA documents.
There’s some safety precautions in there for foreclosure stuff so it’s not always bad. But, we’ve had some where there’s underlying foreclosures or HOA liens.
There was one on the platform where it was a really good deal on a condo in South Florida, but there was like a forty five thousand dollar HOA lien. It ended up being purchased by a group of lawyers.
They must have known something we didn’t because they got it. They had to know something from a legal stance that we didn’t know. At the end of the day, hand your due diligence to an attorney. They’ll cost you more upfront. But, it’ll save you more on the back end.
Blight, and Occupancy Status
When evaluating non-performing notes, it’s important to consider blight or property damage and the occupancy status of the property. Neglect, overgrown lawns, uncollected litter, and insufficient street lighting are some examples of smaller property nuisances that can fall under the category of blight. To accurately establish value and potential risks, it’s crucial to get boots on the ground and physically inspect the property.
Vacant properties can be especially risky due to the lack of maintenance and the potential for damages from intruders. Investors should prepare for unexpected incidents like vandalism or environmental contamination, which could impact the property’s value.
For instance, in Groveland Florida, a group of 13 or 14-year-old boys used a vacant property as their clubhouse and caused a significant amount of damage. While they didn’t intend to cost anyone money, their actions led to the property being wrecked.
Fortunately we had insurance on it and one of the parents gave us money but the rest of them didn’t give us money. It sucks when things like that happen, but it’s important to plan for the unexpected because those things can happen and have happened.?It’s crucial to prepare for unexpected events like this by having insurance coverage and taking steps to?maintain and secure the property.
Here is an episode we did on property preservation and securing your property.
Summing Up Things To Consider When Buying Non-Performing Notes
To summarize, when purchasing non-performing notes, it is important to ensure that taxes are up-to-date, the property is not damaged, and whether it is vacant or not. Obtain a property condition report and have someone inspect the property to determine its value, after-repair value (ARV), and potential costs. Review the payment history and servicing notes to understand the borrower’s situation and identify potential exit strategies.
Additionally, consider any homeowner association (HOA) liens or fees, and if the original note is missing, obtain a Lost Note Affidavit (LNA). Your exit strategy will influence other factors to consider when dealing with non-performing notes.
Non-Performing Notes Due Diligence
As mentioned, higher risk comes with a higher return potential for mortgage notes.
Remember to do your due diligence to help mitigate these risks.
We just went over a good amount of things to consider when buying non-performing notes. It can be easy to miss something and a lot for anyone to remember. This is why note investors with some experience will often create their own due diligence checklist to use.
You can use our checklist below to help you conduct your due diligence on non-performing notes. Or use it to help you create your own!
Non-Performing Notes Due Diligence Checklist
While investing in non-performing loans can be risky, you can help mitigate these risks through?note investing education, performing proper due diligence, and with how cheaply you purchase the real estate note. If you can mitigate these risks, non-performing notes can be extremely profitable. This is why non-performing note buyers and investors in general find this investment opportunity so appealing.
Why Investors Buy Non-Performing Notes
Investors are attracted to non-performing notes because they typically trade at a discount to the UPB (Unpaid Principal Balance), on the secondary market.
This presents an opportunity for investors to obtain the loan and underlying property at a significant discount from its initial price. Although non-performing notes carry a higher risk than performing notes, the potential for significant income distributions is an attractive opportunity for investors.
Example of How To Profit From A Non-Performing Note Purchase
Once a real estate note is purchased, the buyer has options to negotiate a new loan with the borrower or foreclose on the property itself. For example, an investor could purchase a loan worth $75,000 at a steep discount for $25,000.
Then, negotiate a loan modification, a short payoff, or one of several other options with the primary goal being to maximize the return on investment. Because the investor is purchasing the loan at a discount, they can offer the borrower favorable terms, making the transaction a win-win for both the investor and the borrower. With this type of investment, the investor can expect high returns (ROI).
Summing Up Reasons Why Non-Performing Notes Are Appealing To Note Investors
Investing in non-performing notes can be appealing for several reasons. Firstly, purchasing notes at a discount can lead to higher yields, profits, and provide capital protection. Investors also have control over the underlying asset and can work with the borrower to turn a non-performing note into a performing one.
Additionally, the note being secured by real estate provides extra protection for investors. Investing in non-performing notes can offer diversification for investors’ portfolios and allow them to enter the real estate market without owning physical property. Finally, the ability to purchase notes online makes it accessible for all types of investors.
Key Points:
Exit Strategies for NPLs
When an investor buys a non-performing loan, they must figure out how to profit from the note. You have a lot of options with these notes, many of which can be extremely profitable. Because the investor owns the note, they have a lot of flexibility in collaborating with the homeowner to help them stay in their home.
Having a clear exit strategy is an important part of any non-performing note strategy. To increase the chances of success and mitigate risks, investors should consider different exit strategies. There are several options available for those looking to profit from non-performing loans.
Nine Exit Strategies For Non-Performing Notes
Here are nine different exit strategies for non performing notes.
1.) Turn Them Re-Performing
One of the most popular strategies is to work with the homeowner to bring the loan current and turn it into a performing note. This can involve modifying the loan terms, reducing interest rates, or forgiving past due amounts.
2.) DIL (Deed in Lieu):
This strategy involves negotiating with the homeowner to voluntarily transfer ownership of the property to the investor, rather than going through the foreclosure process. This can be a quicker and less expensive way to acquire the property.
3.) Consent Judgment:
In this strategy, the investor and the homeowner agree to a consent judgment, which is a court order that sets out a payment plan for the homeowner to bring the loan current.
4.) Foreclosure:
Foreclosure is a legal process that allows the investor to take possession of the property and sell it to recover their investment. This can be a lengthy and costly process, but it can also be very profitable if the property has significant equity.
5.) Resell cash:
Once the investor has acquired the property, they can sell it to a buyer for cash. This can be a quick way to realize a profit, but it may not be the most profitable option.
6.) Resell to Owner Occ.:
Another option is to sell the property to an owner-occupant. This can be a great option if the property is in good condition and located in a desirable area.
7.) Resell to Investor:
The investor can also sell the property to another investor who is interested in rehabbing and reselling the property.
8.) Rent:
If the property is in good condition and located in a desirable area, the investor can choose to rent the property out for a steady stream of income.
9.) Owner Finance:
This strategy involves selling the property to a buyer on a contract for deed, where the buyer pays the investor directly rather than going through a bank. This can be a good option for buyers who don’t qualify for traditional financing.
Ultimately, the exit strategy will depend on the specific circumstances of the note and the investor’s goals. It’s essential to have a clear plan in place to maximize profits and minimize risks.
For more on this watch?9 Exit Strategies For Non-Performing Notes?from the Paperstac Podcast.
Where To Buy Non-Performing Notes For Sale?
Some of the options for where you can find and purchase non-performing notes for sale.
Banks
You can purchase non-performing notes from banks and other financial institutions. However, banks, and other institutional lenders are less likely to sell you a single note, you will most likely be purchasing a ‘pool’ of non performing notes. That could be more of a pricier option than you anticipated. Non-performing notes are rarely advertised for sale by banks. However, this does not imply that they are not available.
Community Banks
Some people look directly at community banks for non-performing mortgage notes. As a community bank, they have relationships with the people they lend money to. It is sometimes easier and less of a PR disaster for them to simply sell the loan. Because the community bank may not have a note available when you call or establish the relationship, this is a longer-term strategy. This strategy relies heavily on perseverance. You should check in on a regular basis.
Hedge Fund
A large number of mid-tier hedge funds or investment funds buy and sell notes. They purchase larger pools of up to a hundred million dollars from a large hedge fund like?Blackstone. They have assets worth $50 to $100 million that they want to liquidate and sell.
So that’s a good place to start as well. The answer to the question “why do they sell?” is that some mortgage notes do not meet their buy boxes. Certain criteria must be met by a fund in order for it to hold certain mortgage notes. If some notes do not meet that set of criteria, they are removed from the fund. This is where retail investors can make money.
Credit Unions
The majority of credit unions in the United States have non-performing assets that they will sell. Working with credit unions is similar to working with banks, but they are more concerned with their reputation because they serve smaller communities and have fewer assets.
Attorneys
Some attorneys are more likely to lead to the purchase of a mortgage note. There are two in particular that you should focus on.
Bankruptcy trustees are responsible for disposing of any assets available during the bankruptcy (BK) process. If a private lender declares bankruptcy, any loans that they own will be liquidated to pay off their debts. We purchased sev eral notes from BK at steep discounts.
One advantage of purchasing from a BK attorney is that you will have plenty of time to market the loan before it is due to close. It is best to contact the BK trustees in your area and inform them that you buy non-performing notes (NPNs) and that if any come across their desk, they should call you and you will buy them.
Private Sellers
Private sellers are another way to purchase non-performing notes. You can generally find these being marketed online in facebook groups, LinkedIn, and individual note investor websites.
Buying Non Performing Notes For Sale Online
There are a few online note trading platforms where you can buy both performing and non-performing mortgage notes listed directly from private sellers.
Some of the online platforms that list non-performing notes for sale include:
Where To Start Buying Non-Performing Notes?
Buying non-performing notes is easier when you know where to find them.
We may be a little biased, but we think Paperstac is an excellent place to find and buy non-performing notes for sale. Whether you are buying your first non-performing mortgage note or you’re a seasoned note investor, Paperstac is an excellent place to buy and sell notes in a fraction of the time it typically takes.
Paperstac is known for being the first fully digital mortgage note transaction engine. You can list notes for sale to negotiations, due diligence paperwork, contracts, notary, shipment, and more, everything can be managed on one platform, the Paperstac platform.
Buying Non-Performing Notes On Paperstac
Note Investors enjoy using Paperstac for buying non-performing real estate notes for various reasons. Some of these reasons include; convenience of online transactions, easy access to inventory, enhanced efficiency and transparency, and more.
In other words, Paperstac makes it simple to find and bid on non-performing mortgage notes. Plus, registration is completely free — making it easy for anyone to get started.
As a result, there’s a wide range of non-performing notes for sale available. There are new notes uploaded to the site daily, both non-performing and performing notes.
What really helps set Paperstac apart from the rest, especially when just getting started, is our innovative technology features that make locating, buying and selling non-performing notes simple!
A few of these features include our saved search feature, powerful search filters, digital audit trail, and proprietary to-do list.
Saved Search
Powerful search filters enable you to find the perfect asset. You can even setup alerts to get notified when a note is listed that matches your buying criteria. This provides you with instant access to inventory so you never have to worry about missing a great deal on non-performing notes or any other type of note you are looking for.
Learn how to setup your saved search here:?Conduct a Saved Search
Filter Your Search By Buying Criteria Including Performance
Being able to filter your inventory by things like performance, and having clear distinctions of note performance marked on each listing on Paperstac can make buying and selling notes much simpler.
Dynamic To-Do List
Enjoy a simple To-Do List on Paperstac that guides you each step of the way removing the guesswork of what comes next when buying non-performing notes.
Digital Audit Trail For Increased Transparency
The transaction timeline on Paperstac provides investors with a complete digital audit trail of their entire deal from opening negotiations to final disbursements.
Everything you need to be successful with buying non-performing notes on one platform.
Paperstac provides home loan investors a user-friendly, technology-infused interface, so you can have quick-click access to inventory and all the information, due diligence and tools needed in order to safely and efficiently navigate a good investment.
How To Buy Non-Performing Notes on Paperstac
1.) Create an account (for Free)
2.) Look at what non-performing notes are for sale on Paperstac
3.) Filter Your Search By Your Note Buying Criteria, Including Selecting Non-Performing Notes under the Performance filter.
4.) Message the seller to begin a transaction
5.) Make An Offer On The Non-Performing Note
6.) Sign paperwork for non-performing note(s)
7.) Digital notarization
8.) Audit Report
9.) Money goes to escrow
10.) Non-Performing Note(s) Is Yours.
Considering Non-Performing Notes for Investment
If you have experience and knowledge, non-performing notes can be a profitable investment. It’s recommended to start with performing notes when you’re new to note buying, but once you gain experience, investing in non-performing notes can lead to a big payout. Paperstac is a great platform to get started on, with useful features like a proprietary to-do list, saved searches, and digital audit trail.
Deciding On Whether Non-Performing Notes Are Right For You
Ultimately, deciding if non-performing notes are right for you comes down to your risk appetite, financial goals, and resources at your disposal. Online platforms, such as Paperstac, are an excellent resource for note investors, with features that help mitigate unnecessary risks, increase transparency, and efficiency. The Paperstac Academy, the Paperstac podcast, our YouTube channel, and other social media channels are all rich in educational content about mortgage notes and real estate investing!
This guide covered the basics of non-performing notes, including differences from performing notes, risks, due diligence, benefits, and where to buy. With knowledge and risk management, investing in non-performing notes can lead to significant financial rewards.
We hope you enjoyed reading, Buying Non-Performing Notes: The Ultimate Guide,?from the?Paperstac Blog! Please reach out to [email protected] with any mortgage note industry topics you would like us to cover on the Paperstac blog.
Additional Note Investing Resources:
We hope you find these additional resources on learning more about non-performing notes beneficial.
Podcast Episodes:
For more on mortgage note investing, check out our?Intro to Note InvestingYouTube Series as well as our?Paperstac Podcast. We also have?Paperstac Academy, the ultimate note investing course.
Connect With Us on Social Media
Be sure to connect with us on social media. You can follow our CEO,?Richard Allen on LinkedIn?for more on mortgage notes and real estate investing!
Join Buying & Selling Mortgage Notes Facebook Group
If you’d like to learn from other note investors the strategies on how to buy and sell mortgage notes we have our Facebook group,?Buying & Selling Mortgage Notes.
We offer free guides to get you started and list assets for sale that are available on the?Paperstac platform. Get in there and ask questions.
Chief Operating Officer at Madison Management Services, LLC
1 年Due diligence is most important when buying notes as mentioned, whether it’s a performing or non-performing note. Tax tracking by servicing companies is a great service and worth every cent you should be looking for when you are evaluating a services. Credit report is another thing key item to look at when doing due diligence on newly originated seller financed notes.