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Case studies
Lists of banks
Good sources to buy bank data
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What's important about speaking "the
language"?
Useful words and terms to help you communicate
what you want to someone in the business
Convincing banks that you are serious enough to
be a player
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Key Questions:
Firstly (a) how to identify target banks and
other financial institutions (bank lists, where to get them &
how to work them, the difference between Community Banks, Mtge Cos,
Banks, private money lenders); (b) who to talk to; (c) what to
say.
Secondly: relationships - what they are, how they
work with a bank rep.
Thirdly, life in the banks - 5 things you should
know about the life of a bank loss mit rep / 2ary asset
manager.
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What they are
How to read them
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Key Questions:
- how to
evaluate a broker;
- how to
get the most out of your broker (identifying key people / hidden
names in data tapes and loan files, the LOI and the NCND);
- how to
bypass your broker without shooting yourself in the foot
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Examples and tools:
Loan due diligence checklists
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Key Questions:
- is your
note secured or unsecured - we'll get into deficiency judgments
here, as well as tax liens and tax sales
- is your
note insured and insurable - we'll get into questions of original
title policy (ME - Hancock loan), current policy (Coleman-SeaMist
loan), differing legal descriptions
- is your
note a 1st or a junior lien? Not just a calc on what's ahead of you
NOW but what's ahead of you at Exit?
Sr's to
a 1st:
- municipal
taxes (delinquent vs liens vs sale w/redemption);
- IRS - 120
days (Del Mar property title rpt - also redemption: stories of IRS
redemptions);
- other
senior judgments or liens - e.g. unclosed 2nds (subordination vs
accidental - e.g. refi's with open LOCs);
Sr's to
a 2nd:
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Key Questions:
- current
value. How to calc: tools - lots of tools - AVMs - how to trust,
BPOs - how to reconcile, comps/CMAs - how to read them and use
them, repairs - how to estimate; activist groups (e.g. Buffalo -
FCI interview)
- exit
value (see 4. What's your Exit). How to calc depreciation in a down
market - tools tools tools - and the sources for ALL THE DATA YOU
NEED
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Occupancy status is important
Contacting the borrower - single most important
error made by investors
Credit - how to, when to pull it
Deciphering the "story"
Determining temporary vs permanent financial
setback
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Key Questions: which way will you exit - there
are 5 ways of exiting a non-performing note:
-
reperform (loan mod, forebearance) and portfolio (yield play) or
sell;
- short
sale your loan (discounted or not, your loan is closed out via
property sale or refinance);
- take
over the property (DIL), and sell/rent;
- note
sale - third party
- take to
sale - TPS;
- take to
sale - REO and sell/rent.
There are multiple ways of calculating cash flows
and returns for each exit strategy.
KEY to success is to model accurately for the
most likely exit strategy you anticipate pursuing (e.g. probability
models vs straight/simple models)
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Involves case studies covering the bidding and
closing process.
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Pool-level vs loan-level bidding
Fades
Indicative vs final
Collateral reviews
Getting a deal under contract before spending any
money
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Stips: the 12 stips to include in your bids for
any bank note.
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This is where the pro's make millions.
Relationships
Bid strategies
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Escrow:
- What is
escrow in a note purchase;
- Brokers
& escrow;
- Escrow
instructions;
- Escrow
fees.
Title:
- original
policies
-
date-downs and endorsements (when to use them, and what they're
good for)
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The Closing Process w/banks:
- Purchase
and Sale Agreements and their importance (also see Bids &
Stips) - make sure your reps and warranties extend more than 45
days (listen to FCI interview)
- wiring
requirement prior to receipt of collateral file - you pay the money
and all you have is a contract in hand
- sale
rescissions
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Servicing: what it is, how to do it right, and
who can do it for you.
Service release - what it means.
File Transfer: the Collateral File:
- what
should be in it
- how to
read it all
- how to
store it all
- the
Assignment - what to look for, how to handle multiple investors and
collateral assignments
RESPA - welcome and goodbye
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Managing to your plan, but staying flexible -
updating your financials to manage your returns
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Probably the lowest value in terms of a
resale
But can be the speediest exit
And can become a dedicated outlet for your
business
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The ins and outs of re-performing a note
- Loan
modifications
- When and
how to use pressure to encourage re- performance
Re-sales - how to get out of a re- performer -
where to sell your re- performing paper
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Short Sales
- I
thought short sales were what I was supposed to do to a bank?!
- When to
discount your own loan
The process
- Finding
a good mortgage company
- Some
stats on refi's
- Payoffs
and reinstatements
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Summary of the foreclosure process
- How to
use it
- What it
is (judicial vs non- judicial)
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Expenses
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Timing
How to use foreclosure
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Tools
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Pressuring your borrower to action
- What it
allows
Tricks of the trade
- When to
foreclose
- When not
to foreclose
Lessons from the creditor's box
Deeds-in-Lieu - a two-edged sword:
- Beware
the juniors
- Dual
entities
The Sale: using the market vs. capturing
equity
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How to secure a Deed-in-Lieu
- Finding
the pressure point
-
Negotiations
Securing the agreement
- Estoppel
agreements - why and how
-
Contracts 101: why you should have an attorney draft your
Deeds-in-Lieu
Do's and Don'ts:
- The
challenge with junior liens
- The
challenge of equity stripping
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Opening bid and final bids - how to calc them,
how to set them
Trustees and how they work
The steps in a foreclosure sale
Bidding against yourself to gain title to a
property
The Option Contract - spicy and hot, and untried
really!
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The "choice of last resort"
REO's as a strategy
- The
Indianapolis 1st mortgage (liens)
- The
Minnesota 2nd - the triple- prong approach to getting out of a
deal
Learning from the experts: Betsy Doss and How to
Manage your REOs
Planning ahead
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Note Setbacks
-
Bankruptcies
- Tax
liens / sales
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Why calculating returns and yields are important
to your note buying business
The 4 different ways of calculating returns, and
the pros and cons of each
How to use good analytics to make you more money
(investors vs partners)
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Servicing:
- What it
is
- How to
do it right
- Who can
do it for you.
An interview with a servicer
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Credit
Collateral Reviews
- Property
walk-through's
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Lock-outs / re-keys
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Winterization
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Trash-outs
Insurance - force-placing to cover your
liabilities
Advances
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Loan files - getting the most out of collector's
comments!
When do you need to talk to the homeowner?
- The
Mecca, California example
When should you NOT talk to a homeowner?
Communication do's and don'ts with your
borrower
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