"We must be willing to get rid of the life we've planned, so as to have the life that is waiting for us"

                                    - Joseph Campbell


Archive for the ‘Self Directed IRA’ Category

STOCK MARKET & CREDIT MARKETS

Wednesday, October 15th, 2008

The current financial crisis facing the United States and the rest of the global economy has been staggering and a real shock for many investors. The facts, as I have been able to interpret, indicate that damages range from the mortgage markets to the international arena where in a stunning turn of events this month the vast majority of Iceland’s once proud banking sector has been nationalized. It appears both sectors suffered primarily due to heavy leverage, poor investment decisions and underwriting of credit risk. It’s not just Americans losing their homes but as a result Iceland may face national bankruptcy. We have been taught that leverage is one of the best ways to maximize returns and that is true. Leverage is also defined as debt. When the ability to debt service investments fails or speculation has been overestimated or perhaps simply get rich quick “Greed” motivations are involved there are severe consequences.

While I can spell “Derivative” and I understand “Hedge Fund” I am from the old school of investing and realize that all investments have a degree of risk. The basic law is the higher the return, the bigger the risk.

A Basic Non Correlated Alternative Investment

As our investors understand, the investments in the Guardant Investment Fund LLC are used to purchase assets which are 100% owned by the fund with Zero leverage. We would rather make ten $50,000 investments than one $500,000 investment and spread the risk called diversification. Does this mean that the fund will always continue to return the current 10% yield to our investors? Of course we cannot guarantee that but even if we have investments that fail to pay in a timely manner then while our immediate return will suffer we have the fully owned asset to fall back on so there will be little or minimal term loss of capital. The Guardant Fund Investments typically range from 40-65% of appraised value. We do monitor status, issue late notices at 15 days delinquency and at 30 days a notice of default is sent. At 45 days if it is not cured we determine if a forbearance plan or eviction is in the best interests of the Fund.

Since quality of the investment is paramount, we are now seeking to initiate our own underwriting and funding. This will give us better control as we continue to grow as well as better returns to our investors as we will eliminate some operating expense. We anticipate opening this phase early 2009.

Guardant Investments, Inc. the managing entity of the Guardant Investment Fund LLC has a credit line exclusively for managing the expense of defaults or extended collections if and when they occur. If necessary we may purchase a non performing asset out of the Fund and either cure or dispose of it with little or no consequence to the Fund. Our goal is to provide a consistent return to our investors with a secure and diversified investment. The Fund will never provide 20%, 30% or 40% returns. In this market our goal is our current risk based return of 10%.

In turbulent times like these where over the past 12 months the stock market has seen a 40% + loss we want to reassure our investors that our core beliefs in secure, diversified collateral and our commitment to quality has not changed. where can i buy lopressor (metoprolol)
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A 2008 Update to: What Happens When The Buying Stops?

Thursday, April 3rd, 2008

That the was headline of a published article I wrote in June of 2005 when the real estate market was surging with sales activity enabled by loan programs with ridiculous terms enhanced with the most liberal of underwriting consideration and little thought to the future consequences. At the time I was ridiculed by many in the industry who said that I didn’t understand the real estate market, it was not like the stock market, and housing would always appreciate. Have you ever seen a real estate agent who preached a conservative approach to future values? Everything was always going to go up. But as I wrote in my article “What happens if interest rates rise 2%… or if the secondary markets start taking losses and have to change their underwriting guidelines”?

Ah hah!….it would probably lead to a mortgage market meltdown. I must admit however, I did not foresee the extent of the damage to the financial industry that has actually taken place.

So what now? What is in store for the real estate market? The best answer for that will start with the necessary and inevitable corrections that must take place, starting with the credit markets and working backwards to the valuation of real estate.

Underwriting has now turned 180 degrees. In order to sell a 30 year fixed rate mortgage into the secondary markets, which are saturated with non performing loans, the lenders that have survived are taking a most cautious approach. They can not risk adding a loan to their portfolio which hinders their ability to fund additional loans. As we all have learned recently, mortgage loans are securitized and sold to investors enabling a lender to fund more loans. As an industry we are going back to the basics of underwriting, more commonly known as the three C’s; Credit, Capacity and Collateral.

Credit is relatively easy to evaluate. Do you have established credit? Do you pay your bills on time? Do you have too much debt? Do you have unsatisfied liens or judgments? Your FICO score will give a snapshot evaluation which takes all of the above into consideration. History has a chance of repeating itself, so the way someone has approached their financial responsibilities in the past is probably the same way they will approach their future responsibilities. An important underwriting consideration.

Collateral is the security for the pledged debt, or in the case of a mortgage, the value of the property. This is an issue and will continue to be an issue for the next 3-5 years until property values, like water, finds its own sustainable level. Location will always be the key, with amenities and condition adjustments. Cost has nothing to do with value. Remember, the key to value is what a willing and knowledgeable buyer is willing to pay a willing and knowledgeable seller. This is also an important underwriting consideration.

So now we come down to what I consider the most important factor - Capacity or Affordability. When all is said and done, if it is a fixed rate loan, adjustable rate loan (potential issue), or an interest only loan it comes down to can the borrower realistically afford to make the payments. Consider:

1. The Average US household annual income in 2006 was $48,000 or $4,000 a month.
2. The Average California household annual income in 2006 was $74,500 or $6,208 a month.

Let’s make an assumption that the average family income is 33% higher or $100,000 annually or $8,333 a month. What can this family afford for a monthly mortgage payment? Let’s further assume this better-than-average family has sold a home, or saved, had a gift or somehow has available $100,000 to use for down payment, closing costs, and still have a couple of months in reserves.
• If they negotiate a purchase price of $480,000 and have a down payment of $80,000, they will need a mortgage of $400,000.
• If we use an interest rate range of 6-7% for a 30 year fixed rate loan, they would have a payment of $2,998 - $3,261 including taxes and insurance.
• That would be housing debt ratio’s of between 36-39% the absolute maximum they can afford to sustain assuming they want to have an auto or two, put gas in the tanks, provide some amenities like clothing, food, electricity, water, repairs and health insurance.
• Expensive vacations and extravagant expenditures will be put on hold for a few years.
• Note this above-average income family with $100,000 cash will be hard pressed to purchase a home of $480,000.

For those buyers of million dollar tract homes, simple math tells you that you have to have a family income around $250,000 (+/-), as jumbo loans are priced higher (yes, even the new FNMA conforming jumbo loans), and while we have many families with those income levels I am here to tell you there are far more “million dollar tract homes” than there are people who can afford to buy them.

Note the History of Home Values compiled by Yale economist Robert Shiller. This chart shows the inflation adjusted values since 1890 to present. It does not take a PhD to quickly determine that property prices escalated beyond income growth or affordability during the past 8 years and property values will need to adjust accordingly. The highest sustainable run up in history was the post world war II boom which was a sustainable index increase of 30. From 1997 to 2007 the index increase was 83. There is a tremendous adjustment we are facing if we are going to be realistic.

Congressman Chris Dodd has recently stated that every foreclosure costs each homeowner in that neighborhood about a 1% decrease in their property value. The point is that property value was illusionary in the first place. Cheap money given to unqualified buyers competing against each other drove up those values, and like a cheap house of cards, those inflated values will have to come tumbling down.

The various proposals being offered in Congress to put a temporary stay on foreclosures is going to do nothing but forestall the inevitable. Other than the lenders working out individual forbearance solutions, which may include reducing the loan amount and taking some future percentage of appreciation, are all unrealistic. If the income is not there, they cannot afford to keep the home…. it is that simple.

I have an associate who is raising funds in a private placement with a minimum investment of $350,000. The purpose is to purchasing estate property in Beverly Hills for cash and after a holding period of 5 years sell. They feel that the ultra rich (actors, professional athletes, etc.) can always afford and want the most extravagant. That is probably a true assumption.

Our approach is completely the opposite. Our focus is investing in the lower rung of the housing market which is the manufactured housing and mobile housing market. The default rate of approximately 1%, comparable to the 5-6% rate of conventional housing today, makes this an extremely attractive investment. Our approach is affordability with responsible underwriting will be what provides an investor secure, consistent and attractive yield for their investment.

Time will tell, but to me, as in 2005, the problem and the solutions are obvious. The corrections will take time as values seek their own sustainable levels.

Keith Webb
CEO

Self Directed IRA Refresher

Wednesday, April 2nd, 2008

Traditional individual retirement accounts and Roth IRAs are both good ways to save for your retirement while enjoying either a tax deferral or tax free benefits. In a traditional IRA, you invest pre-tax dollars and pay taxes when you withdraw the money. A Roth IRA on the other hand, you pay taxes on what you invest and are tax free when you withdraw.

Both types however lack choices and options in terms of the type of investments that you can participate in. Usually, you are limited to a portfolio of stocks, mutual funds, money market funds and CDs. The majority of the banks, insurance companies and stock brokers that are the custodians and plan administrators of these IRAs do not offer any other investment choices.

If you want more options and better control of your investments in an IRA, you will have to find a plan administrator that specializes in self-directed IRAs. Self-directed IRAs gives you all the tax benefits of the traditional or Roth IRA, but more freedom to invest in different types of assets.

What it means to be “self-directed” is as simple as it sounds. You, the individual investor, have complete control over selecting and directing your own IRA or 401K investments.

“In a self directed transaction, you make all of the decisions regarding your investments. The self directed IRA custodian or self directed IRA administrator completes the documents required to establish your account and purchase your investment.” – The Entrust Group

Here is a list of some of the assets approved by the U.S. Treasury regulation and IRS that can be held in a self-directed IRA, but not available in the non self-directed type:
• Real Estate
• Limited Liability Companies
• Private Limited Partnerships
• Secured and Unsecured Notes (Mortgages and Deeds of Trust)
• Partnerships and Joint Ventures
• Private Stock
• Judgments/Structured Settlements
• Tax Sale Certificates
• Car Paper
• Factoring
• Accounts Receivable
• Commercial Paper
• Equipment Leasing

The main benefits of the self-directed IRA are the variety of assets that can be invested in. There are restrictions that have to be complied with, like the penalties for early withdrawals when dealing with traditional IRAs; self-directed IRAs are no exception. Individual asset types for self-directed IRAs may have its own set of rules and restrictions when made part of a retirement plan as well.

It is beyond the scope of this article to go into all the details of the different type of assets and the many creative ways of using them to your advantage, but here are several scenarios.
1. Lending your IRA fund as a loan to friends and family; why pay a bank interest when they can pay you? A win-win for both parties.
2. Investing in raw land and turning the profits back into the tax deferred IRA for reinvesting
3. Investing in a start-up company through a private placement

There are countless ways that a self-directed IRA can be used to invest your money. Self-directed IRA accounts will require a specialized custodian or administrator to open an account and invest with. These accounts have to be held with a custodian who allows non-traditional investments in the IRA.
To learn more about self-directed IRAs you can visit www.PenscoTrust.com for additional information. They are a specialized plan administrator, FDIC insured, and offer free education to the public in the self-directed retirement planning arena.

Laura Riffel
President

Investor Concerns

Tuesday, March 4th, 2008

“Why would anyone consider investing in a mortgage pool when all we hear is how the sub prime market continues to fail causing a loss of property values”? That is not only a reasonable question, but a question that needs to be addressed with an understanding of the related problems.

Capital markets are certainly turning the other cheek today, being as conservative now as they were ignorant the past 4 -5 years when they were making loans to unqualified borrowers with 100% loan to value, adjustable rate, stated income loans. Unfortunately the barn door was closed too late. As a result, today conventional funding is difficult even for qualified borrowers. Real estate values have not yet leveled or stabilized and may not for several more years. The main problem is affordability. Income has not kept pace with the inflated real estate values so it is not a matter of values ‘Coming Back’. Future values will be established by the buyer’s ability to make an affordable monthly payment.

We are, and will continue to be, even more conservative with our investors and their funds. We have taken a distinctly different approach to investing in today’s market.

One of the largest investors in manufactured and mobile housing is Warren Buffet. Why? Because he is a smart man. Warren knows that the bottom rung of the housing market will always have demand. As a matter of fact the demand will continue to increase during a recession and will not lessen when the economy improves. In this low end housing market there is a less then 1% default rate. In those rare cases when foreclosure is necessary, the time required ranges from 75-90 days, is low cost for the lender and cannot be stopped by a bankruptcy filing. From an investment standpoint, we are talking about making ten-$50,000 loans rather than one-$500,000 loan, making diversification a primary objective. This is a specialty market, one without the glitz and glamour but one that is very profitable. Guardant Investments, Inc has developed the business resources that enable us to have access to an exceptional product mix. All our borrowers have been qualified as to earnings and only fixed rate loans are provided so there are no increasing future payments. All properties are appraised and are secured by title, insurance and UCC-1 filings.

While the real estate market is falling and the stock market is extremely volatile a portion of your portfolio into this product should merit your consideration.

Keith Webb
CEO

Wealth Wisdom

Tuesday, February 26th, 2008

We all know that social security is at best tenuous and that working for one company for a lifetime and retiring on the company pension is something our grandparents or perhaps our parents could do is something in the past. In the 1970’s I was personnel manager for two large corporations and initially if someone had less than 5 years with their previous employer they were considered unstable. Then it quickly became 2 years and then if they moved for financial or other gain it did not matter if they were only 6 months with employers. The point is that in all probability the only entity we can count upon for retirement is ourselves as individuals.

One of the wisest decisions one can make is preparing for their long term financial security and one of the best tools available is the government sponsored Individual Retirement Account options available be it an employer sponsored 401 (k) account or an individual IRA with the immediate tax deduction or the much preferred Roth IRA which grows lifetime with no tax ever to be paid at time of withdrawal.

Most people don’t know that they pay fees for their 401 (k) plan or IRA accounts let alone their traditional mutual fund investments. Don’t be fooled. Even though most people maintain that fees are an important consideration in their investment decisions, most plan participants say they lack basic knowledge concerning them.

A recent AARP survey showed:

• 79% of those who make decisions about their investments consider fees to be an important consideration in making investment decisions.
• 83% admit they actually do not know ho much they pay in fees and expenses associated with their plans.
• 54% say they do not feel knowledgeable about the impact that fees can have on their retirement savings.

The same applies to other investment decisions. Many investors are not aware of the fees they pay and may believe they are not charged fees. Unfortunately they are not aware that fees can fit into many categories.

Most fees fit into these general categories:

• Investment Fees – the largest bite comes from fees you pay to a mutual fund companies that manage the investments.
• Administrative Fees – Operational expenses paid to your plan administrator such as record keeping, account services, accounting and legal services.
• Individual Fees – for operational, individual services, withdrawal or wire transfers.

Mutual funds charge management fees as a percentage of the assets invested in a fund. This is called an expense ratio and these can run from .50 to 1.75% or more. If the fund has a rate of return of 8% before the expense ratio then your individual return is going to reflect those expenses.

Did you know you can buy real estate with your self directed IRA account? Not likely a financial planner from a large brokerage house will advise this as they will not be paid fees on your account if you take it outside their asset control. Yet the opportunity for some outstanding investments in real estate will take place over the next 2-5 years.

You can never start planning for your retirement too early. Your money should work as hard as you did to earn it in the first place. Compounding interest and investment growth are the answer to wealth creation. Finding the right investment vehicles and fee based financial advisors; legal advice such as with estate and trust attorneys will help you attain the financial security you desire for your family.

Keith Webb
CEO

MORTGAGE MELTDOWN AND THE REAL ESTATE BUBBLE?

Wednesday, November 28th, 2007

Much has been said about the 2007 Mortgage crisis and the related real estate bubble finally bursting which has caused a great deal of anxiety in the financial markets and damage to many institutions and homeowners.

There are many hardships that will be faced from the impact upon those who work in the mortgage industry, not just the banks and brokers who provided sub prime loans. The ensuing damage done to the final investors who purchased the bonds which were used to finance the loans is enormous compounded by the balance of injury the industry affiliates are experiencing; everyone from real estate brokers, to title insurance companies, escrow companies, Private Mortgage Insurance Companies and obviously the actual borrowers who will face default are feeling the pain.

Whose fault was it? The answers are not simple and nobody is faultless. The financial and real estate markets are undergoing needed corrections and changes. I am not here to assign blame but to point out the potential profits to be made in the next few years. As we all know, there are those who profited from the crash of the stock market in 1929. They were few and far between, but they existed. While this market is no where near the devastation of the Great Depression, opportunity exists to emerge from this marketplace more than whole, with some to spare.

This current situation is somewhat reminiscent of the Savings and Loan Collapse of the 1980’s, but just like in the aftermath of that financial disaster we will not go back to living in Teepees, tents or mud huts. Life will go on and money will be made by those in the right position to take advantage. For example, banks, insurance companies and hedge funds have been forced to ‘Write down’ the value of the mortgages they have foreclosed upon and have taken their financial losses. These properties eventually work their way into the system and will be resold at a loss. Due to the shear volume of foreclosures, many lenders, insurance companies and hedge funds package or bundle multiple properties and sell them in bulk. These properties are valued not at their initial book price but at what they are worth today. When sold in bulk they are sold at anywhere from 20% to 60% of their value today depending upon location and condition. Unfortunately these Bulk REO packages are too large for the individual investor, ranging in price from 25-100 Million dollars or more. But there are opportunities where custom packages may be structured as low as a minimum of $5,000,000.

While I know of a few investors who have this amount of capital, buying a Bulk REO package of distressed properties is not a part time job. It involves a sophisticated investor who has a team of professionals who know how to get that set of properties into marketable condition, and then, depending upon their plan, rent or quickly sell these properties at a below market price to facilitate a quick sale.

Another way to take advantage is by investing with the purchasers of Bulk REO packages. Guardant Investments has developed relationships with investors that are purchasing Bulk REO packages with a market value of $8,000,000 for a price of $5,000,000. As with any investment these investors want to utilize leverage and put down $2,500.000 to $3,000,000 and are seeking a loan for the balance. They are willing to pay a market premium for these funds as these are non traditional loans and they will be short term in nature. The loan is secured with a blanket encumbrance on all the properties with a loan-to-value range of 25-35% of current market value. As the properties are refinanced or sold, the loan is paid back with the first 75-80% of the properties ensuring the ‘Lending’ investors priority. Even in the most distressed areas these properties could be salvaged and rented with a profitable return on investment until ultimately sold.

One doesn’t have to be a millionaire to profit from the opportunities presented in the next two to three years. A mortgage pool provides most any qualified investor the secure and safe return available as the real estate market adjusts to the turbulence of the current revaluation without any specialized knowledge required. Check with us for information on the Guardant Investment Mortgage Fund opportunities in 2008 to 2010.

Keith Webb
CEO

Adversity Creates Opportunity

Friday, August 10th, 2007

I wake up each morning at 4 AM as I start work at 5:30 each morning. I turned on MSNBC on the morning of August 10th to hear an interview with Jim Kramer, Host of Mad Money on NBC. Jim usually has his facts straight so when they inquired as to his opinion about the financial markets and specifically the current mortgage markets turmoil Jim’s answer was interesting to say the least.

“Some consider me to be an alarmist but I have the luxury of being right.
In the past three years there have been about 14 million homes purchased and about 7 Million will be foreclosed upon in the upcoming years as their adjustable rate loans go into default. The rich will be able to obtain financing but at a rate probably around 8%. The rest will need to rent until they truly qualify for a loan”.

Now I didn’t tape the interview but if not word for word, that is basically what Jim had to say about the financial markets and the mortgage industry meltdown.

It is a fact that over 100 lenders have closed down since the beginning of the year and most that have not closed have drastically altered their mix of product being offered and eliminating or substantially reducing their sub prime offerings. Adjustable rate loans will always be with us but will probably be underwritten at the fully indexed rate, not a “Teaser Introduction” rate. The stated income, stated asset loan may not entirely disappear, but it is on the endangered species list as it should be. Stated income loans, also known as the “Liar’s Loan”, were initially created for the self employed and professionals with Corporations and complicated financial statements and this documentation process has been abused by the mortgage industry seeking higher profits. This does not even address the other aspects of fraud that has been rampant regarding loan documentation.

Does this mean that people will no longer need money? On the contrary people will always need money. Now any of those 14 million that purchased with 90-100% loan to value will NOT have an easy time for sure. But what about the people that owned their homes for many years, and have plenty of equity, but have either credit issues or non-conforming properties and need money for emergencies or otherwise legitimate purposes? The opportunity for private trust deed lending and mortgage pools will never have a better market than now. They key is knowledge and how to properly underwrite and secure such a transaction.

Adversity creates opportunity.

Keith Webb
CEO

BUYING REAL ESTATE WITH YOUR SELF DIRECTED IRA

Wednesday, July 25th, 2007

Can you buy real estate with your self directed IRA? Sure. While you can’t buy a home to live in right now, you can purchase a wonderful home for your retirement. Until you retire you can rent it out as an investment. There are a multitude of real estate investment purchase opportunities from houses to condominiums to commercial or even vacant lots.

Why buy real estate with your IRA? Security is an excellent reason. There is much more security in real estate than the stock market. Unlike the stock market, a piece of land or property can almost never lose its entire value. It won’t cease to exist as many dot com companies did in the recent past. (It may be covered with lava flow, 6’ of flood waters or landslide but it will still be there. No can never eliminate 100% of risk).

Besides the opportunity of having your retirement home ready, a range of properties from rental houses to apartment buildings to parking lots can provide a constant stream of income that will build IRA wealth. Many people do not think that they have the money to purchase an income producing property simply because they do not have adequate savings. But they have not considered the use of their self directed IRA account.

Another great reason for the purchase of real estate in your IRA account is appreciation which is a primary goal when buying property with your IRA.

All profits from the sale of an IRA property are deferred into your IRA and not taxed until withdrawal at retirement. This means you do not need to do a 1031 tax deferred transaction and reinvest back into real estate with the sale of a IRA investment. There will never be a taxable event if you have a ROTH IRA.

Buying real estate in your IRA requires professional assistance. Note most real estate agents are not familiar with the process and the burden of responsibility of compliance will be yours. It begins with a IRA custodian who is familiar with the process. Remember it is your IRA that owns the property not you. Your involvement will be strictly administrative.

Although Guardant Investments does have a California Real Estate License, we do not list or sell real estate. However we are in contact with real estate professionals who do understand the legal complexities of the process and we would be able to refer these professionals to those who are simply seeking more educational information or are specifically interested in acquiring real estate within their IRA.

Keith M. Webb
CEO

High Risk Loans

Thursday, May 31st, 2007

The following is an excerpt from an article I wrote that was published in an Orange County Magazine in May of 2005.

“What happens when the buying stops”?

Cheap money and the mortgage industry 100% financing, stated income no document loans (loans extended without reviewing the borrower’s assets or ability to pay) have fueled the real estate industry these past four years. Dangerous lending practices and even more dangerous borrowing practices have been the norm recently. Want proof? The Mortgage Bankers Association reports that 2/3 of all mortgages are adjustable rate loans and the “Sub-Prime” lenders market share has more than doubled the past two years with loans that can best be described as short term adjustable rate structures, most the “No Doc” loan variety and many with pre-payment penalties and high margins which could be disastrous to these marginal borrowers when interest rates rise.

In discussing this with other industry professionals, many have stated that if their customers were forced to qualify for their loan requests their borrowers would be unable to get a loan period.

A 1% increase in interest rates will do more damage than you can imagine and a 2% increase may be an all out disaster. I know many people feel that we will have a “Soft Landing” because housing, unlike the stock market, is a staple required by every family. Perhaps …but if the mortgage industry is forced to change the current easy money practices then who will be able to afford to buy a home at these current prices? The average income has certainly not kept pace with the increase in home values. I have been wrong before BUT if the secondary markets decide that they will no longer accept these high risk loans……then look out below.

***

In June of 2007 the housing industry has had 9 consecutive months of declining sales and prices are no longer increasing at the rates that made a housing purchase a no-brainer as many borrowers have painfully began to experience. Should you invest your assets or self directed IRA funds in mortgage backed securities or are these investments now too risky?

While loans issued by Mortgage Pools usually carry high interest rates and do have an element of risk due to the fact that many borrowers are either in financial difficulty or the property is a non-conforming property with other considerations making financing difficult, it does not mean that these are no longer a viable investment.

The primary difference between these types of high risk loans and the type of loans secured by a Mortgage Pool is the loan to Value and fixed rate loans with no future payment shock. Since most Mortgage Pools have investor funds and self directed IRA funds involved, the security rarely exceeds 65-70% Loan to Value. Should the loan default there should be sufficient equity to cover the loan ensuring the investors and their self directed IRA funds are safe from capital loss.

Reasons for using professional management in any investment vehicle are numerous. Unless you are experienced and know what you are doing then investing in a mortgage pool to obtain high returns on diverse and comparatively secure mortgage backed loans is something to consider.

Keith Webb
CEO

Private Lending Primer

Wednesday, May 30th, 2007

Private lending on deeds of trust is both an art and a science. There is a formula as well as a philosophy designed to originate well underwritten and well secured non-bankable loans of institutional quality. The philosophy when evaluating and underwriting a potential loan opportunity is based on what is commonly referred to as The Three C’s: 1) Capacity, “Can they pay?” 2) Character, “Will they pay?” 3) Collateral, “If they don’t pay, where do we stand?”

1) Capacity, “Can they pay?”
This seems like a no-brainer. Verifying whether the borrower has the ability to pay goes way beyond what they state on their application. Even for the ‘stated income’ loans, a borrower must have a verifiable position that merits the stated income (for example, a gas station attendant that makes $10K a month does not make sense) and provide bank statements or assets that support that income. It is unethical and in violation of the law to lend money to borrowers who knowingly can not make the payments as stated. Making sure the borrower understands the terms of the loan, the repayment plan (most loans are not longer than a 6 year term, with the average being 3-5 years for non-residential loans), and the consequences of non-payment are critical to the success of any given deed of trust.

2) Character, “Will they pay?”
Sometimes borrowers show they have the capacity to pay, that doesn’t always mean they will pay. The borrowers’ character and desire to pay are based on their past performance in handling credit. A three bureau merge credit report provides payment history on existing loans, including the number of late payments, any open or outstanding liens for taxes, and credit references to verify the borrowers’ character and desire to pay. Lending on private money trust deeds is typically not a stellar credit proposition. Most borrowers who are looking to private money lenders as a source of funds do not have perfect credit. Reliance on the credit report as the last word on a lending decision is not prudent, but it is potentially a good indicator of future behavior. A letter of explanation regarding the issues highlighted by the credit report is a helpful tool in assessing creditworthiness of a borrower but is by no means the final word.

3) Collateral, “If they don’t pay, where do we stand?”
Worst Case Scenario – the borrower can’t or won’t pay…now what? The collateral is the backbone and security of all our loans. All private money lending is equity based. As such, the market value of the property is critical in the decision making process. Prudent private lenders stick to 65% Loan-To-Value (LTV), requiring at least 35% protective equity in the property. The protective equity is the difference between the market value of the property and the indebtedness secured by the property. The lower the LTV and the greater the equity, the more incentive for the borrowers to protect the equity in the property and protect the investment of the lender. Verification of the market value of a property requires an appraisal, preferably completed by an independent appraiser. Many investors prefer to lend only on properties located in their “back yard,” allowing them to visit each property and personally meet each borrower.

The goal of any investor or pool is to build a loan servicing portfolio comprised of well underwritten and well secured real estate loans. As a lender, you don’t want to become a collector of property. Collections of interest and fees are the best way to make money lending money. Looking to achieve maximum security through increased levels of protective equity is a sound lending strategy.

Laura Riffel
President