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Trust Deed Investing and Default

By
Mortgage and Lending with Level 4 Funding NMLS 1018071 AZMB 0923961
The most common question people have before investing in trust deeds is what happens if the
borrower defaults. The trustee has a few options at this point, depending on what state the property is located in.

One option is that the trustee can assume payments and takeover the property. Since the trustee owns the legal deed to the property, he/she can take over payments on behalf of the borrower and the real estate transfers entirely to the trustee. It can now be lived in, rented, or sold as the trustee sees fit.

A second option that is generally less work for the trustee is that the trustee can begin the process of non-judicial foreclosure on behalf of the lender. The lender provides the trustee with proof that the borrower has defaulted on the loan and since the trustee holds the legal deed to the property, he or she can begin the process of selling the property on behalf of the lender without a court order. This is less expensive for the lender than judicial foreclosure. Once the property is sold the lender recoups its funds from the sale proceeds. Once the lender’s debt has been paid, the trustee’s initial investment is also returned.

Once you have decided to invest in deeds of trust
there are several ways to reduce your risks and maximize your returns.


One key feature of a solid trust deed investment to keep in mind is to always hold the first deed of trust on a property. The first deed holder is the investor who is paid first in the event of a default. If you are the second or even third trust deed holder you are putting your investment at a higher risk than the first deed holder is. You can also help minimize your risk by investing in more credit worthy borrowers and modifying the length of your investments. There are lots of different options depending on what state the property is in. Talk with a broker to help navigate the various ins and outs of trust deed investing .
Level 4 Funding LLC
23335 N 18th Drive Suite 120
Phoenix AZ 85027
623-582-4444
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Dennis, another concern would be if the borrower trashed the home due to the fact that they knew they were going to lose it. We saw this a lot when the housing bubble occurred in 2008 through around 2011. Fixtures were removed, a/c units stolen, kitchen cabinets removed, swimming pools ruined, and the list goes on and on.

Dec 15, 2014 09:00 AM
Anonymous
TDI

If a property goes into non-judicial foreclosure and the profit from the sale exceeds the amount due to the trustee (lender), does the borrower get to recover his remaining equity in the property? Example: $100K interest-only first trust deed loan on a property valued at $200K. Borrower doesn't make any payments and owes the loan amount, any interest and penalties, the sum of which we'll call the due amount. The house is sold at a foreclosure sale for $200K. For simplicity, we'll assume no other expenses associated with the foreclosure and sale. What, if anything, is the borrower entitled to?

Thanks for any information you can provide.

Jan 08, 2015 11:17 AM
#2