Profiting from Non-Performing Bank Notes
Step 1: Finding Notes Step 2: Determining a Purchase Price Step 3: Closing on a Note Step 4: Managing & Exiting
1. Step 1: Finding Notes
Case studies
Lists of banks
Good sources to buy bank data
The vocabulary of buying
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
See related topics and documents
Sources: banks
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.
Reading a data tape
What they are
How to read them
Re: brokers
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
2. Step 2: Determining a Purchase Price
Examples and tools:
  • Excel based models
Loan due diligence checklists
What do you have
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:
  • HOAs;
  • other Sr liens
What's your LTV
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
The all-important borrower
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
What's your exit
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)
3. Step 3: Closing on a Note
Involves case studies covering the bidding and closing process.
Bids & Stips
Pool-level vs loan-level bidding
Fades
Indicative vs final
Collateral reviews
Getting a deal under contract before spending any money
Best-in-class stips
Stips: the 12 stips to include in your bids for any bank note.
Negotiations
This is where the pro's make millions.
Relationships
Bid strategies
Escrow / Title
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)
Financing @ the Close
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
File & Service Transfer
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
4. Step 4: Managing & Exiting
Exiting - 4 of 5 Exits
Managing to your plan, but staying flexible - updating your financials to manage your returns
Selling to Other Investors
Probably the lowest value in terms of a resale
But can be the speediest exit
And can become a dedicated outlet for your business
Reperformers
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
Refi's and Short Sales
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
Foreclosures - the 5th Exit
Summary of the foreclosure process
  • How to use it
  • What it is (judicial vs non- judicial)
  • Expenses
  • Timing
How to use foreclosure
  • Tools
  • 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
Deeds in Lieu
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
Third Party Sales
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!
REOs
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
Setbacks
Note Setbacks
  • Bankruptcies
  • Tax liens / sales
Calculating Returns
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)
Managing & Servicing
Servicing
Servicing:
  • What it is
  • How to do it right
  • Who can do it for you.
An interview with a servicer
Lender's rights
Credit
Collateral Reviews
  • Property walk-through's
  • Lock-outs / re-keys
  • Winterization
  • Trash-outs
Insurance - force-placing to cover your liabilities
Advances
Relating to your Borrower
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