A lot of you have been asking how to create sellable notes lately.  Here are some guidelines.  I hope this helps......

 

 

Following are the basics, in outline form, of the most secure, saleable (at the lowest discount) seller financed mortgages and notes:

First a Real Estate Sale with seller financing:

1. Sell the property to a buyer who will occupy it (called owner occupied).
2. Sell the property to a buyer whose mid credit score is at least 625.  The higher the better.  It's your federal legal right to know all three of their credit scores.
3. Sell the property to a buyer who you don't know and isn't related to you. (Called an arm's length transaction).
4. Sell the property using a third party processor like an escrow or title company.
5. Make sure to buy and receive a valid Title Policy with insurance in the amount of the sales price.
6. Take back a mortgage in the first position (the most senior lien) for no more than 85% of the sales price.  (you can use a second to achieve the 85% LTV if necessary-ask me how).
7. Secure the mortgage or note with a valid Mortgage Deed or Trust Deed on the property.
8. Accept no less than 15% cash down payment.
9. If the buyer doesn't have 15-20% cash down payment and the sales price is more than you expected, you can carry-back two notes.  One in the 1^st position for 80% of the sales price and another one, a 2^nd position note for no more than 10% of the sales price.  These deals are called 80-10-10 (80% 1^st position note, 10% 2^nd position note and 10% cash).  Now you can sell the 1^st position note (the most valuable one) and keep the 2^nd position note.
10. The terms of the 1^st position note should include: an interest rate of at least Prime (currently 8.25%);  Amortized equally, monthly for up to 30 years;  Pre-payment penalty for the first five years;  Significant and detailed late and default payment stipulations.
11. Keep detailed records, like a Note Owner's Manual, of the note and each payment (preferably a copy of the front and back of the payment check showing the bank cancellation stamp).  Preferably a separate checking or savings account for the note.

 

Next, a Business Sale with seller financing:

1. Sell the business to someone experienced in and who will operate it.
2. Sell the business to a buyer whose mid credit score is at least 675.
3. Sell the business to a buyer you don't know and isn't related to you.
4. Sell the business as an 'Asset Sale' instead of a Corp Stock or Equity sale if possible.
5. Always use legal professionals (business attorney, escrow, Title company, etc.) to construct and execute the sale and documents.
6. File and record a UCC-1 following the close of sale.
7. Sell to a buyer with at least 30% cash down payment.
8. Make sure the business can afford to support (pay) the note payments from its cash flow because you will be depending on the business to perform on the note.
9. Carry-back only a 1^st position promissory note.
10. If real estate is involved in the sale, create two notes.  One on the business and one on the real estate.  (A business note is far more valuable without real estate).
11. Receive a Personal Guarantee from the buyer even if the buyer is a corporation.  It is added value if the Personal Guarantee is secured with defined, tangible collateral outside the business and equal to the amount of the note.
12. Receive a Security Agreement.
13. Receive proof of exactly the cash down payment paid.
14. Make sure you have a signed Bill of Sale.
15. The terms of the carry-back note should include:  Interest Rate of Prime plus 1%;  Balance Amortized equally and monthly for no more than 72 months; Significant and detailed late and default payment stipulations including reversion of the business and assets to you; Non-assignment clause;  Full Balance payoff at time of and in case of business subsequent sale.
16. Keep detailed records on the business sale transaction;  keep your last two years of signed business tax returns;  demand that the buyer, now your note payor, provide you periodic (quarterly) Profit and Loss business statements (it's your legal right);  keep detailed note payment records (a separate checking account is best).

If you have any questions feel free to call any time.

Sincerely

 

Marc Faulkner  (269)353-9238

www.creativefundingservice.com

Quick service from quote to funding, since 1999......

Fast Friendly Service, No Closing Costs!

If someone owes you money and is making regular payments to you, you are the holder of a private real estate note, land contrat, trust deed, mortgage note or other cash flow secured by real estate. If that note is secured by  real property, real estate a  business  or mobile home on land ( mobile home note) you have an asset that can be sold for immediate cash.
Creative Financial Solutions will buy that note from you for the highest possible cash price today.

Why should I sell my Real Estate Note, Land Contract, Trust Deed or Business Note?
There are many reasons you would want to sell your note for cash today.

 To pay off debts where you pay a higher interest rate than you are receiving on the note.

 To make another investment that will provide a greater return.

 To invest in a more diversified portfolio that provides greater security than a note, or mortgage.

 To relieve the burdens of bookkeeping and payment collections.  Take a vacation-take the money and  run!

 
 Economically it can make sense to sell your note (Here is an example of why that is so):

 

If you are holding a $50,000 private mortgage note that you are collecting payments from at 10% for 20 years and you are receiving payments of $482.51 per month you have two options:

 

 you can hold and receive the payments on your seller financed real estate contract, note, trust deed, land contract, contract for deed or whatever you are calling it.

 
 or you can be a creative seller of your mortgage, for example:

You could sell 84 payments to Creative Financial Solutions for $22,957 cash today, then receive the mortgage and the payments back after 84 payments. It would still have a balance of $42,036. You would not lose any of your principal, and would have had the immediate use of the $22,957.

More reasons to sell your note to Creative Financial Solutions:

 

 You won't have to worry about default.

 

 You won't have to worry about IRS income tax reporting requirements.

 

 You won't have to worry about destruction of the property.

 

 You won't have to worry about bankruptcy of the payor.

 
 You won't have to worry about divorce or death of the payor.

 
 You won't have to worry about IRS tax liens against the payor.

 

 You won't have to worry about your note being assumed by a dead beat payor.  

 

How Much CASH will you Give Me for My Note Today?

 

We will usually be able to give you the cash you need. All notes are purchased at a discount over the balance remaining due. By paying you with cash now and with cash at a later date we can give you the maximum amount. Often it is even possible to receive the full face value of your note. (see the example above)

 

The value of a note is determined by many factors, such as: type and location of property, type of note, security, market interest rates, and credit of the payor. Clearly, a  real estate note secured by raw desert property will be worth less than a private mortgage note secured by a single family home.

 

If you call us with a note to sell, we will examine and research it and then offer you the highest possible price, usually with a variety of options for you to consider.

 

How do I Sell it?
To sell your note you will need to call us with the following:

 Information on the Note: (remaining balance & monthly payments)

 

 Information on other Notes on Property: (first mortgages, etc.)

 

 Information on the Property securing the note: ( single family home, unimproved land, address, equipment, etc.)

 

 Information on the Payor on the note: (payment history, credit)

Who is Creative Financial Solutions?
Our investment service locates buyers and sellers of notes and mortgages. We have been in business since 1999. The principal, Marc Faulkner is a long time real estate investor. He buys notes locally and nationwide. Creative Financial Solutions has access to an unlimited amount of cash. We prefer to invest in notes up to $500,000 and portfolios to No Max!  By charter we require a 600 min credit score and a max LTV of 85%.

 

Frequently Asked Questions:
What kind of notes will you buy?
We will buy:
* 1st Position Notes Only Please * Land Contracs * Trust Deeds * Business Notes * Commercial Notes
* Interest only Mortgage Notes * Mobile Home Notes * Loan Protfolios
* Balloon Land Contracts * First Trust Deeds *
* Old Mortgage Notes
* Mortgage Notes from Estates
* New Mortgages
* Partial Purchases: We can buy some of your payments - for example 24 or 36 payments, and give you cash now. After we collect the payments you sold us, you will collect the remaining payments. This is an excellent way to get cash now, and still receive income later. Or we can buy just the balloon part of your mortgage, and you can continue to receive payments now.

We are very flexible in the ways and kinds of mortgages and notes we can buy.

How long before I get my money?
We can usually purchase your note and get you your cash within 14 working days.
What other costs are involved.
There are no other costs to you. We pay all costs for transferring your note or mortgage to us.
How will I be paid?
Cashier's check or wire transfer, it is your choice.

Call Creative Financial Solutions at (269) 353-9238

 

CALL NOW (269)353-9238
Creative Financial Solutions

www.CreativeFundingService.com