Mortgage Notes – What motivates a Lender/Bank Rep to sell Mortgage Notes?
January 21, 2009 by notebuyingprofits.com
Filed under Finding, Note Buying 101
On Buying and Selling Mortgage Notes:
Below is a question I got asked recently over at our
Note Buying Forum.
I thought this was valuable info, so I am sharing it with you here:
“I’ve been reading everything I can about why lenders
would be willing to sell properties at large discounts.
Dean, what would be a lender’s main concerns which would
get them to sell their mortgage notes at deep discounts?
I feel that since we’re trying to get into the minds
of the LMREP, it would be more advantageous to all, if
we could sell our services to their main concerns.”
[My reply:]
NAME – make sure you distinguish (in your thinking
and in your language) properties from loans.
You mentioned both in your question above.
You mention both in a question to a bank rep and if I
were them, I’d immediately write you off as a
knucklehead who doesn’t know a deed of trust from a
deed and wouldn’t respond to any further emails or
calls from you.
Just a word of caution to bone up on your note lingo
before you talk to the banks.
* * * You get one chance to make a good first
impression, when you’re talking to the key
person/gatekeeper when buying mortgage notes. * * *
(How is that for obvious wisdom?)
A few reasons:
Institutional-level Reasons to sell Mortgage Notes:
a) bank’s in the process of merging, or posting
quarterly/annual financials and needs to get assets
off its balance sheet. Quick way is to sell loans
b) bank may have a “relationship” with the borrower,
or there are extenuating circumstances re: the loan
that make the bank want to sell (see Private Access Club
session Roadmap: Week 5 for detailed review of one of these
situations in action)
c) bank may be under pressure (image/marketing, legal
or other) not to take “aggressive” recovery action
(e.g. foreclosure) against borrowers either across the
board (image has been hindered by bad press in FC
action), in a certain geography (Detroit/Cleveland,
hard hit urban areas seen as minority/poor/fraud-rich)
or in a certain situation (1st time minority homebuyers)
d) bank may not want to actually take borrowers to
sale, though having no trouble with foreclosureprocedures
(I’ve bought a mortgage note from one bank
1 week prior to sale b/c they didn’t want to be seen carrying
out the actual FC)
e) loan is upside down and doesn’t warrant recovery
action/expense (small 1sts sub $20K on properties of
similar value may never be foreclosed on by certain
banks – great opps to buy the mortgage note in many cases)
f) bank wants to “price” a part or all of its non-
performing book, in which case it sends out loans to
bid to see what the market would pay for them
Individual Rep Reasons to Sell Mortgage Notes:
a) loss mit rep is “sick” of dealing with a
particular borrower. Never follows through on
reinstatement promise / swears at loss mit rep / ticks
rep off
b) borrower is non-responsive, no contact
c) long foreclosure state / process
d) investor approaches loss mit/secondary marketing
and makes unsolicited offer to buy mortgage notes – wasn’t
originally considered but might be pursued if price is right
e) rep or rep’s direct boss has authorization over
certain level of write-offs and mortgage note sale (unsolicited
or solicited) is within that level (take note here:
e.g. 30% discount on $30K loan is $9K – rep’s boss may
have authorization to write off up to $20K/loan, same
30% discount on $100K loan is over that limit, would
require boss to send “up the line” and takes too much
work for rep and his boss, so they’ll pass)
f) rep needs a few extra bucks to meet monthly
recovery quota – last minute note sale could get them
bonuses (usu. banks, not mtge co’s / wall st / hedge
or pe funds)
Hope this was useful to you.
Let me know what questions YOU have by putting them in
in our very brief SURVEY.
I will do my best to address all your questions related to
buying, selling & brokering AND profiting from Mortgage
Notes for you here.
I hope you enjoyed this post on mortgage notes.

I am a contractor on a project.
The developer, my client defaulted ont the loan, they owe me $280,000 on the construction service.
I filed a machanic’s lien of that amount 14 days ago.
Now the bank wants to sell the note.
Would I be paid over the transaction of the sale of this note to a third party?
If not, would it help to file lawsuit against the developer and the bank for unfair enrichment over our unpaid service?
Please respond quickly.
Why would a bank sell a peforming note?