Michael A. Soliz Jr

Discounted Note Buying, Selling & Closing Process
by Michael A. Soliz Jr

Thinking about buying or selling a Real Estate Note, Mortgage Note or Seller Financed Mortgage? It's not that complicated. Note deals are quite simple. Most discounted notes can be easily be found, bought and sold online nowadays. It is common practice to do a complete note deal from start to finish online. For example, a person can list their note for sale just as easily as an investor can look for a note to buy on some of these note servicing and trading sites.

When looking to buy mortgage notes, you should consider a online system that keeps all parties that are involved informed of where they stand on a particular transaction and is licensed to perform all services offered.Here is general example of what happens when an offer is made by a Buyer to buy a discounted mortgage note, then countered by the Seller, accepted and moved through the closing process using a online Note Buying & Selling Service.

20 Step Discounted Mortgage Note Buy/Sell Process

Step 1: Offer Submitted by Buyer

The Buyer finds a note and submits an offer on Note# YYY. He will also provide acceptable Proof of Funds. The Offer will automatically be sent to the Seller.

Step 2: Offer Sent to Seller

The Seller has automatically received the Buyer's Offer. The Seller needs to respond within two business days with countered, accepted or rejected.

Step 3: Please Accept/Reject/Counter Indicative Offer

Step 4: Please Complete Buyer/Seller Package

Step 5: Due Diligence Period

During this step you should gather two very important reports. A BPO & a Property Title Report.A BPO, Broker Price Opinion, is a report on a specific property by a local real estate agent. It typically shows comparable sales, comparable listings, neighborhood data, estimated repairs, an opinion of value "As Is" and "Repaired", and photos of the subject property and area.

It will be a "drive by inspection" without access to the interior. There is usually a nominal fee for report.The second report, Purchase Ownership and Encumbrance Title Report, also known as a Property Title Report, is an information only title search (not insured) for the recorded owner and liens on the subject property. It typically shows the last recorded owner, asset valuations, taxes and if current, recorded liens, and recorded judgments. There is usually a nominal fee for report as well.

Step 6: Please Accept/Reject/Counter Final Offer

At this step the buyer can choose to modify their offer based on their due diligence findings.

Step 7: Note Purchase & Sale Agreement

During this step in the selling and buying of a note process, the contract is sent out to both the Buyer and Seller with the final agreed upon price and terms. The Note Purchase & Sale Agreement is first emailed to the Buyer to print out and sign two copies. Typically, the Buyer will need to overnight or mail the two signed copies to the note servicing or exchange company.

Step 8: Note Purchase & Sale Agreement received from Buyer

Once received received from Buyer and reviewed, it is then sent to the seller for signatures and he must return it to the note servicing or exchange company for filing and execution of sale.

Step 9: Note Purchase & Sale Agreement received from Seller

Once the Note Purchase & Sale Agreement is received from the seller, it is then verified to be signed by both Buyer and Seller and filed. A signed copy by both parties is sent to all parties involved.

Step 10: Total Deposit Due from Buyer

The Buyer makes a deposit that consists of at least these three things:

  1. A deposit toward the purchase price of the Note. Usually 2-4% of the note purchase price and it is credited towards the amount due in closing.
  2. Buyer's fee for the creation and recording of the new assignment of the deed/mortgage to the new Buyer.
  3. "Buyer Sales Processing Fee" is commonly calculated using basis points (a percentage of the note price) or a flat fee based on amount of note.
  4. For example, the "Buyer Sales Processing Fee" for a note purchase price up to a $100,000 is $450 (the minimum); the fee for a $300,000 Note purchase price $1500 (0.5%).

Buyer is given bank wire instructions and certified check information to complete the deposit process. Deposits are refunded if the sale is not closed due to no fault of the Buyer.

Step 11: Total Seller's Sales Processing Fee Due

Seller approves and agrees to pay a "Seller Sale Processing Fee" that is based on purchase price & note type. This fee is paid from the Seller's net proceeds in escrow/closing as can consist of the following:

  • Newly Originated Loans fee is calculated using basis points of the purchase price plus a minimum flat fee.
  • Performing Loans have a fee that is calculated using basis points of the purchase price plus a minimum flat fee.
  • Non Performing Loans fees are calculated using higher basis points of the purchase price plus a minimum flat fee.
  • Loan Pools have a fee that is prorated based on the status of the all the notes in the pool.

Step 12: Buyer Selects Loan Servicing Company

When newly originated mortgage notes, existing performing real estate type notes, or non-performing notes are purchased, a compliant loan servicer must be designated. The RESPA goodbye letter to the borrower will announce the transfer of loan servicing from the old servicer to the new servicer. You will need to select one of the three options below to complete the buy process:

  1. Self Servicing: This is where an individual note buyer chooses to services his own notes. There are many Federal and State regulations involved in servicing that must be considered before an individual should attempt this. Most online discount note exchange companies will need to know that the self servicer is compliant before the transfer is made.
  2. The Online Exchange: Quite often the company or service that you are using to buy or sell your discounted mortgage note will have the ability to handle servicing on most any type of mortgage or real estate note.
  3. Other Servicer: The note buyer selects a independent mortgage note servicer. Once the buyer supplies necessary compliant information, the online note exchange service will instruct the previous servicer to transfer to the new designated servicer.

NOTE: When an existing secured loan by the principal dwelling of a consumer is purchased, the new Lender must notify the borrower with specific information as defined by S. 896 of the Truth In Lending.

Step 13: Buyer Selects Closing Service

The Closing works similar to a new loan closing in that purchase funds are received from the Buyer and held while the proper documentation is received and forms signed by the Seller. There will also be a 104.1 title endorsement giving the Buyer the same protection the originator had.

Once all documentation is in place, complaint and both parties are satisfied with the terms, the Closing Service will release purchase funds to the Seller, deliver appropriate documents to the Buyer, and record the Assignment to the new owner. You will need to select one of the three options below to complete the Buy Process:

  1. Online Discounted Note Exchange Closing Service: Many of these online trading service offer licensed escrow/closing services to their clients as part of their exchange services.
  2. First American Title and Escrow: This is a Title Insurance licensed escrow/closing service provided by First American Title's order fulfillment solutions department. They are widely licensed throughout the US.
  3. Seller Designates escrow/closing service: On some occasions, the Seller may designate third-party escrow/closing service.

The customary fee for closing & escrow services shall include all basic escrow services and the following specific items:

  • Liability flat fee calculated based on the purchase price
  • Issuance of all checks except those to pay credit card or other debt not secured by the real property involved in the escrow
  • Wire transfers of funds
  • Coordination of acquiring the original title policy & coordination of all corporate documents
  • There is an additional cost for the 104.1 Title Endorsement of $125 - $250 depending on the underwriter, and there is a separate cost for requested Title policies or other services.

At this point the online discounted real estate note exchange company's system send out a notification to both the note Buyer & Seller to view a list of escrow/closing requirements.

Step 14: Buyer Notified To Send Balance of Funds

Buyer needs to send the balance due to the Closing Service. This would include the balance due on the discounted real estate note purchase, plus closing costs, document and recording fees. Closing Service will notify Buyer of exact amount Due. Wire information and certified check instructions will be included in their notice.

Step 15: Seller Sends Original Docs

Seller overnights the original Note/Deed/Mortgage and all Assignments to the Closing Service.

Step 16: Seller signs new Assignment to Buyer

The online note exchange service will assign an admin to create and send the new Assignment to the Seller for signature. Seller will overnight the signed Assignment to the Closing Service.

Step 17: Closing Service Title endorsement

Your designated escrow & closing service at this point will complete the 104.1 Title endorsement. This endorsement transfers title protection from the original policy to the new Buyer. Buyer will receive a copy.

Step 18: Closing Service Records Documents

As part of your fee they will automatically send the Assignment for proper recording to the local entities. When recorded, the Assignment is sent by the recorder to the Buyer for their records.

Step 19: RESPA Letter Generated

Seller is now prompted to send out the RESPA Letter to Borrower with copy to Closing Service Company. Seller directs the existing note servicer to send the RESPA "goodbye" letter to the borrower putting in the Buyer's selected loan servicer as the new servicer. The Seller also directs the existing servicer to email a copy of the RESPA goodbye letter to the Buyer and the Closing Service.

Step 20: Closing Service Distributes Funds

Funds are disbursed to the Seller, third parties and final documents are sent to Buyer. Seller will receive his payment for the sale of his real estate note in the form requested.

Discounted Mortgage Note Real Estate Niche

One of the great things about using a online note exchange service to make money in the discounted mortgage note, deed assignments or real estate note exchange niche, is that parties identities & funds are verified independently, each step is shown to both parties and transactions are time stamped and then checked off as it is completed. Also the The Buyer and Seller will know exactly where each is at in the process, and what needs to be done next.

Michael A. Soliz Jr
Michael A. Soliz, Jr. is the account manager at FCI Note Exchange Desk. As an account manager for one of the nation's leading private money services provider, he guides clients through every step of the note buying and selling process.

Michael over the last 10 years, has personally originated over $50 million in conventional and private money financing. He prides himself as being an expert in helping clients utilize FCI's exclusive note investment strategy model that helps clients calculate and project potential returns in various exit strategies.

Michael A. Soliz, Jr. enjoys actively being involved with individual buyers and sellers, private money lenders, brokers and mortgage fund managers and large note acquisition groups. Michael A. Soliz, Jr. uses his expertise to help anyone from the novice investor to the expert, buy notes and sell notes with confidence, quickly and compliantly using the internet.

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Copyright 2002-2019 All Rights Reserved. Published with Permission of Author. No part of this publication may be copied or reprinted
without the express written permission of the Author and/or REIClub.com.

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