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| CRE Online >Cash Flow > Cash Flow Articles > How to Restructure Bad Paper for Safety and High Yields |
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Ringo was really his name. He had a $22,400 note that he desperately needed to sell. He insisted that we meet in the next hour, which I reluctantly agreed to do. He came to my office in his auto mechanic’s clothes.
It was a "hidden second"
Ringo, it turned out, was holding a “hidden second.” This means that somehow the bank thought that the buyers had made the cash down payment. However, after escrow closed the second note Ringo was holding was recorded against the property, and the sellers had bought the house with only $5,000 down.
Clever note buyers buy "partials"
Counting myself a “clever note buyer," I did several things. First, I told Ringo that I only wanted to buy a part of the note since it was so very risky. I pointed out to him that the chances of the note being paid were about same as Anita Hill marrying Clarence Thomas. I ask him what the smallest amount of cash he needed. He reluctantly admitted he needed $10,000 as soon as possible.
Lower the interest rate and "pop" the balloon
I proposed the following. First, I would lower their interest rate from 12% to 10%, second I would amortize the note over 6 years and eliminate their balloon. In return, they must agree to raise their payment to $414.98 per month, and add some other collateral to the note, to insure they would pay it.
Buying only "part" of the note yields 41%
I then met with Ringo and proposed that I would buy the next 52 payments on this note for $10,000 if he would add additional collateral and guarantee the note. He said he had some equity in his house, and agreed to add that as additional security that the payors would pay their new monthly payments.
If anyone thinks that 40% is an unconscionable yield consider:
The lesson is that many “bad” notes can be made into “better” notes if you can talk to the payor and restructure the terms and collateral.
About the author...
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