by Dean Engle
How to Buy Notes…Know Your Seller
Sun Tzus is a famed Chinese warrior and everytime before going into battle he would instruct his soldiers to know their enemy.
This same belief is also true with note buying.
Every note buyer and brokers should use “know your seller” as their mantra.
Why?
Not knowing your seller will place you in a position where you will be entering a negotiation with no idea of what your negotiating tactics will be.
My Recent Bid, An Example on How to Buy Notes
A bank has a 1st mortgage on a single family home in Salt Lake City that they want to sell.
The borrower hasn’t paid on the note in over 120 days, and the note matured over 2 months ago, so the whole loan could be called due.
No foreclosure notice has been served by the bank.
The bank has called you to see if you want to buy the nonperforming note and mortgage.
The first thing to look for is price, what should I offer? Helpful documents are the title report and BPO. Also, contacting a local realtor for comps.
So I put in my bid.
The rep from the bank advised me that approval from a committee of senior staff would be required.
When I asked her where she needed pricing to be and the situation of the borrower, she was very hesitant to give me answers.
I became a little suspicious and tried probing for more information, but she immediately clammed up and said: Im not at liberty to say more about our borrower.
Obviously something was very wrong with this note buying deal.
I have never been in this situation before, when dealing with one individual loan. The bank reps reaction was very odd.
How to Buy Notes – Tips when Talking to the Banker
So I called her back again, and tried a little exploratory language with her.
Does the borrower have a unique relationship with your bank?, I asked.
That is absolutely true, she replied.
It grabbed my curiosity as I wonderered what was going on with this defaulted mortgage.
So I kept asking more questions to see what I could find out. She didn’t oppose them, but only answered yes or no.
And theres a reason why the bank isn’t foreclosing in this case, correct? I asked.
Again…she answered, yes.
And youre probably not at liberty to tell me, but this sounds like its a difficult relationship for the bank to foreclose on, is that correct?
Yes, that is right. I can’t share anything further with you.
I have one more question. Would the bank be more open to selling this nonperforming note if they new what exit strategy I would be pursuing? Rather than bassed on price?
You are correct.
So what was going on in this note deal?
After a couple more phone calls, I was able to gather that the woman’s ex-husband was a close friend of the banks President. She was also well connected in the political circles of Salt Lake City.
Foreclosing on her could create a political ruckus for the bank, it turned out. So the bank was exploring discreet options to rid itself of its non-performing loan – namely via a note sale to a 3rd party investor.
The lesson you should take from this How to Buy Notes example
If you don’t take the time to probe around and find out what your sellers particular situation is, you will completely miss the sellers key negotiating points.
In this case, it wasnt price. It was what we were planning on doing to work out the note with the borrower. Price was much less of an issue.
How to Buy Notes – Action Items
1. Try to understand why the bank is selling their notes.
2. Find out what the negotiating points are. Why are they selling you this defaulted mortgage? The answer is usually one of the following:
a. Pricing
b. Speed with which you can close
c. Can you close a deal? (the bank cares more about the fact that you can close rather than the price you are offering for the discounted note)
d. Your note buying exit strategies
The next time you are talking to a bank to buy notes, think about all these points.
Itll make you that much better a note buying warrior!
About the Author:
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How to Buy Discounted Mortgages From Dean Engle & NoteBuyingProfits.com – This time on How to Buy Notes