How to Find Millions

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How To Find Millions In Private Money Loans

www.CreatingWealthClub.com 1

HOW TO FIND

MILLIONS in private Money Loans

Real Estate Success Secret

Published by

CreatingWealthClub.comwww.CashFlowinstitute.com





Hard Money Loans Explained

There seems to be seems to be some confusion surrounding exactly what ismeant by hard money loans. Let's clear that up right here at the top.

A hard money loan is a specific type of asset-based loan financing in which aborrower receives funds based on the value of a parcel of real estate.

Hard money loans are cash loans and typically offered at interest rates muchhigher than conventional commercial or residential property loans. Hard moneyloans are almost never issued by a commercial bank or other deposit institution.

These are high risk loans made to borrowers who do not fit traditional lendingguidelines and regulations. Hard money lenders will lend to people with terriblecredit and to homeowners who have a substantial amount of equity in their

homes.

Usually 30-40 percent equity is required for a hard money loan, although somelenders may require less. Some lenders will even accept other assets such asstocks and bonds as collateral for the loan

Hard money loans usually will have unfavorable terms, high rates and highclosing costs, but they can still be very advantageous for many homeowners or investors who have no other options.

A hard money loan is a non institutional loan made by a private lender or private

fund that typically lasts anywhere from 2 to 18 months and carries a higher APRthan a traditional loan. Hard money loans carry a heavier burden and interestrate for the borrower for the simple reason that they also pose higher risk for thelender.

The basic idea of hard money lending is that private individuals who have moneyto invest choose to loan that money, generally on transactions secured by realestate, with the desire to receive an above average return on their investment.

Hard money loan guidelines and typical transactions include:

▪ $30,000 to $10,000,000 per loan.▪ Up to 70% loan-to-value improved-marketable structures.▪ Residential and Commercial property acquisition, construction, refinancing, andcash out.▪ Debt Consolidation, bankruptcy and foreclosure bailouts, and "Fresh Start"loans are common.▪ Loans on commercial buildings, vacant land, and other properties ...





Individuals vs. Institutions

Some private investors go on to form a corporate entity, and utilize lines of creditas a source for the funds that they loan. This is where definitions get a little

hazy, because some private investors may begin to look like financial institutions.

Perhaps more important as a defining characteristic of private money is theprocess and criteria by which the money is allocated to loans. Private money isquite different than institutional money in the following ways:

With private money lenders, there is generally greater flexibility with regardto the types of loans and circumstances under which money will be lent.

The strength of the collateral is generally more important to hard moneylenders than the qualifications of the borrower (though both are always

considered).

It is generally possible to place hard money loans very quickly. Incomeverification is rarely required, and appraisals are often not required.

Hard money loans tend to be more expensive than institutional loans.

The loans tend to be of shorter duration (5 years maximum in most cases).

For the purpose of this guide we will consider it a “hard money” loan whether itcomes from a private lender or some sort of finance company.

Private money borrowers are, most often, solid individuals or businesses thathave circumstances or opportunities that do not fit well into the rigid structures of institutional lending, and require speed or flexibility unavailable through moreconventional means.

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Real Estate

Generally used by real estate investors who are buying properties that theyintend to renovate and either resell or hold and rent. Hard money loans are a

good option for borrowers with:

An extremely low credit scoreOnly plan on holding a property for short timeNeed purchase and rehab money in one loanNeed fast cash

High Cost Loans

Hard money loans need to be high risk and therefore high cost loans, with

average interest rates often in the range of 13% to 24%. Most are short termloans (6 months on average) and are structured so that the borrower is onlymaking interest payments during the course of the loan, with the whole principleamount due at the end of term.

Credit Scores can be as low as 550 for the few lenders that consider credit. Hardmoney can be a good alternative for borrowers who need short term money, butdon't fit "cookie cutter" financing. However before entering into a hard moneyloan, the borrower needs to have the entire purchase planned out, including asolid exit strategy for the loan.

Hard Money Loans are for people with little or no credit and little or no money.They carry high interest rates and heavy risk. But sometimes you just don't havea choice. It's better to pay those high rates than to lose a profitable deal.

Some say a downside to hard money loans is that lenders don't report them tocredit bureaus. Your timely payments won't show up on your credit report, andtherefore you won't be building positive credit. Most investors are more interestedin building wealth than a credit score.

Less Paperwork

The term "Hard Money Loan" as it is referred to in the real estate lending world isa type of non-bankable loan. Usually this means a loan where the lender canapprove the loan request based upon the value of the assets and the equity inthe assets. That allows all parties to side step much of the usual time consumingdocumentation and verification that a lender might require to lend the sameamount of money under conventional terms.





Typically hard money loans are made at 50-70% of a property's value. Sincehard money loans are asset based, hard money lenders generally tend to take aconservative approach on the valuation of a property.

Hard money loans can be a last chance to obtain a loan when a traditional lender

will not provide one. With today's secondary market for sub-prime loansdwindling, many consumers who normally could have obtained sub-primefinancing are turning to hard money lenders. Savvy real estate investors haveused them for decades.

Property Value

A hard money borrower receives funds based on the value of a specific parcel of real estate and are almost never issued by a commercial bank or other

deposit institution.

The loan may be based on the"quick-sale value" of the propertyagainst which the loan is made.Some lenders will only fund in the1st-lien position, meaning that in theevent of a default, they are the first creditor to receive remuneration.Occasionally, lenders will subordinate to another 1st lien position loan; theseloans are sometimes known as mezzanine loans or second lien position loans. Hard money lender Montegra Capital Resources explains their lending policy this way,"We always use the “fair market” appraised value for a property, not the “quick sale”value like many other hard money lenders.

The value of a property that can be realized in one year (our standard) is different from aquick sale (90 to 120 day) value – their standard.

It can lower your appraised value by as much as 25% to 35%.

As an example, 65% of $1,000,000 ( $1,000,000 x 65% = $650,000) using a fair appraisal with one year marketing time is more than 75% of the “quick sale value” of the

same property which might be $700,000 (75% x $700,000 = $525,000).

Be aware of this issue when seeking loans."

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LTV

Most hard money lenders structure loans based on a percentage of the quick-sale value of the subject property. This is called the Loan-to-Value or LTV ratio

and typically falls between 60-70% of the value of the property. For the purposesof determine an LTV, the word "value" is defined as 'today's purchase price'.

This the amount that a lender could reasonably expect to realize from the sale of the property in the event that the loan defaults and the property must be sold in a1-4 months' time. This 'value' differs from an MAI appraised value.

Below is an example of how a commercial real estate purchase might bestructured by a hard money lender:

65% Hard Money Loan

20% Borrower equity (cash or additional collateralized real estate)15% Seller carry back loan or other subordinated (mezzanine) loan

Hard money is a term that is used almost exclusively in the United States andCanada where these types of loans are most common.

The hard money industry suffered severe setbacks during the real estate crashesof the early 1980s and early 1990s due to lenders overestimating and fundingproperties at well over market value. Since that time, lower LTV rates have beenthe norm for hard money lenders seeking to protect themselves against themarket's volatility.

Unregulated

From inception, the hard money field has always been formally unregulated bystate or federal laws, although some restrictions on interest rates (usury laws) bystate governments restrict the rates of hard money. These restrictions for several states, including Tennessee and Arkansas have virtually eliminated suchlending.

Thanks to freedom from regulation, the hard money lending industry operateswith particular speed and responsiveness, making it an attractive option for those

seeking quick funding.

However, this has also created a highly predatory lending environment wheremany companies refer loans to one another (brokering), increasing the price andloan points with each referral. This is sometimes referred to as “daisy chaining”.





Upfront Fees

There is also great concern about the practices of some lending companies inthe industry who require upfront payments to investigate loans and refuse to lendon virtually all properties while keeping this fee. Borrowers are advised not to

work with hard money lenders who require exorbitant upfront fees prior to fundingin order to reduce this risk.

Before you apply for a hard money loan, try applying with a subprime mortgagelender first for lower rates and fees. Hard money lenders charge excessive feesto high-risk borrowers, but will only lend 50% to 75% of the value of the property.On the other hand, subprime lenders offer loans to similar high-risk groups, butwith better terms.

Lower Rates

Subprime lenders specialize in B, C, and D class loans. Even with a bankruptcyin your financial records, you can still be approved for a mortgage with asubprime lender. To protect themselves from the higher risk of foreclosure,subprime lenders charge a couple of interest rate points higher through additionalfees.

B credit borrowers will have 1 or 2 late mortgage payments in the past 12 months, of whichseveral are 30-day late payments, and very few are 60-day late payments. No collections or charge-offs. LTV's for B credit ratings go no higher than 80 to 95%.

C credit borrowers will usually have collections or charge-offs on their credit report. Their LTV

usually drops to 70% and interest rates start to rise drastically. These borrowers should not havemore than 3 or 4 late mortgage payments, of which there are certainly not more than a few 90-day late payments.

D credit borrowers usually have a recent bankruptcy or foreclosure. Loans which apply to D creditborrowers are usually used to re-establish mortgage credit with the intention of a speedy repayand a refinancing. LTVs are normally no higher than 60 to 65%.

Hard money loans that are funded by private individuals require high interestrates somewhere between 12% to 18%... or above. This is nearly double what areputable subprime lender would typically charge. You can also expect to payhigher fees upfront with hard money lenders.

Reasonable Terms

Subprime lenders offer mortgage loans similar to that of traditional mortgagelenders. You can expect regular payments and terms, such as no pre-paymentpenalty fees. Subprime lenders also require smaller down payments, perhapseven zero down if you have a FICO score of 600.





However, hard money lenders may require a balloon payment in one to twoyears or other difficult terms. Hard money lenders also require that the borrower provide as much as 50% of the property’s value as a down payment. This willensure that in case of foreclosure there will be enough equity in the property to

guarantee a profit for the lender.

Refinancing Option

Subprime lenders also offer refinancing, unlike hard money lenders.

Many subprime lenders will automatically offer refinancing after three years of regular payments, so you can reduce your mortgage interest rates or tap intoequity.

Hard money lenders are interested in high

profits, so they will only deal with highinterest rates and terms profitable tothem.

With that said, we all are aware thatbecause of the subprime mortgage messin the early part of this decade sub primeloans have become scarce.

We suspect that lenders will revert to their old ways as time passes.

Reasons for Hard Money Loans

Hard money loans have their place in the financing world. Primarily used for property speculation and development, hard money loans make sense for short-term borrowing. They can also be successfully used for purchasing non-traditional properties such as ranches, where the property value is not realized bya traditional bank.

There are many reasons for seeking private financing. Just to name a few:

You have bad credit, minimal credit, or NO credit- Credit Impacted: low creditscores (below 500 FICO), no credit score, poor, damaged, bad, bruised, impairedor less-than-perfect credit, limited or non-existent credit, Late Payments, SlowPays, Consumer Credit Counseling, Collections, Charge-Offs, Repossessions,Judgments.





Tax Liens, Bankruptcy, Notice of Default, and Foreclosure. (Note: tax liens,current bankruptcy, judgments, clouds on title, etc., may require resolution prior to or at closing); Sufficient equity and the ability to repay the loan are generallymore important than your personal credit;

Loss of bank loans, for any reason, including, Turn-downs, declines andexcessive conditions;

You have a Loan (a borrower and / or a property) that falls outside theguidelines of traditional financial institutions and sub-prime lenders such as:

▪ Complete workouts to pay off heirs and partners of probate estates▪ Estate and/or Property held in Probate (Trusts, Family Limited Partnerships▪ Irrevocable Trusts, corporations, etc.)▪ Current Notice of Default/Sale▪ Distressed Property Purchase

▪ Property in Receivership▪ Remove an existing NOD▪ Tax Liens/Judgments, Other Liens (HOA, property taxes, etc.)▪ Foreclosure Bailout▪ Receivership▪ Bankruptcy▪ Cash-out Refinance▪ Divorce▪ Medical Emergency▪ Investor Rehab and Flip

With "private lenders" the hard assets are the key.

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Buying Foreclosures

Hard money loans are used with great success by those investing in foreclosureproperties. They can easily provide the funds to buy during the preforeclosureperiod, and once the property becomes bank owned. During those periods in the

foreclosure process the investor often has time to inspectand value the property, and then met with his private lender to arrange for the needed funds.

The advantages to buying properties from homeowners indefault can only be measured by the individual investor.Some do not see enough reward; some think it's too risky,while others are plagued by moral issues.





Are you helping the troubled homeowner or taking advantage of his misfortune?Both the original lender and the homeowner lose in a foreclosure action. Neither wants it to happen. Both parties are motivated to resolve the situation. Motivatedparties are the key to the process.

The investing window of opportunity opens the day the Lis Pendens, the noticethat a legal action is pending, is filed. The window closes the day the property issold at auction. The time between these two events enables an investor to workwith the homeowner and lender to create a workout strategy or a purchase of theproperty from the homeowner before the sale date.

State Foreclosure Law

The amount of time the window remains open depends solely on state and locallaws, as well as the behavior of the property owner. Some states sell properties

within 90-120 days from the first notice of default. In New York, the process cantake a year or more.

As for the moral question, keep in mind that by dealing with a homeowner indefault, you not only help him, you generally rescue the loan and maintain thevalue of the property (and surrounding properties) as well.

If there is enough equity in the property, there is the potential to work out anarrangement that satisfies all parties and allows for a handsome profit. That'swhat pre-foreclosure investing is all about: buying the equity in the property,working out an arrangement with the lender and the homeowner, and then sellingthe property for a profit.

Investors follow these basic guidelines to ensure a successful purchase and sale:

▪ Locate loans in default▪ Evaluate choices and narrow selections▪ Contact homeowner ▪ Inspect property and loan documents▪ Determine homeowner's needs▪ Calculate your selling price and profits▪ Negotiate with lender, owner and lien holders▪ Close the deal, repair as necessary and sell

Locating Loans in Default

The Lis Pendens or NOD (Notice of Default) is the first public notice (document)that announces a loan in default, so it makes sense to start there. Access thesenotices at the county courthouse, newspapers that routinely advertise thesenotices or through a reputable Foreclosure Service Provider.





Evaluate Selections & Determine Potential

You know the default amount from the legal notices or service provider'sinformation. Now you must estimate the property's market value. Subtract the

default amount from the estimated market value to determine the gross equity inthe property.

This figure also reflects your gross profit potential. If there is little or no differencein the amount of debt and the market value, move on to another property. If thereis a big difference, there may be enough equity in the property to make asizeable profit.

Contact the Homeowner

Not as easy as it sounds. The homeowner is probably being bombarded with

letters and calls from attorneys and bill collectors and has creditors showing up athis door. The only way to contact the homeowner is by phone, mail or in person,and chances are you will have a difficult time getting in touch with him.

Start with mailings. Indicate in your letter that you are a private investor lookingfor property in that part of town. Let the property owner know that you may beable to help him with his financial problems.

Demonstrating an understanding the homeowner's dilemma will help your efforts.Indicate in your letter that you may be able to stop the foreclosure, save his creditrating and provide cash for use in paying his bills and/or for relocating.

Be professional and gracious in your correspondence. Invite the homeowner tocall you at his convenience. If you don't hear from him in a reasonable amount of time, say two weeks, follow up with another letter, perhaps worded a bit moreurgently.

Follow up with phone calls if you can. Be courteous, never pushy. Never interview the owner on the phone. Merely state that in order to determinewhether or not you can help him, you will need to meet with him at the property.Make sure he understands that the meeting will be more productive and less timeconsuming if he will have the loan, mortgage and insurance documents available,as well as the foreclosure notices.

If you are going to make an offer on the property, you must have the loan,ownership, and debt or lien information. You must also assess the condition of the property and the property owner. Combined with the market value and thedefault amount, you have all the ingredients necessary to formulate your offer.





Mail and phone calls are OK, but the action that produces the most deals is topersonally walk up and knock on the front door. Be polite and leave if you areasked to. Never, under any circumstance, snoop around, inspect or generallytrespass unlawfully on somebody's property.

Meeting the Homeowner

Use common sense and dress appropriately, something casual but not sloppy.Be sympathetic. Does the homeowner need cash? Is he waiting for a bailout?

Will he go bankrupt? Find out. Review the loan and mortgage documents. Verifythe loan amount, monthly payments, interest rates, taxes, etc. Review theinsurance policies as well. Get all the pertinent information you can. Ask theowner if there are any other liens or judgments he may be aware of.

Inspect the property with the homeowner. Never comment on the owner’s

lifestyle, just the physical condition of the property. Point out the obvious defectsor items in need of major repair. Use an inspection checklist and record your information and estimated costs of repair.

Make no promises at this point. Make no offer or give the homeowner anymoney. Make an appointment to meet with him again if you think you want theproperty.

Preparing Your Offer

Determine the net equity in the property. This is the difference between themarket value and the default amount plus liens and repair amounts. Negotiatewith the lien holder. You may offer to satisfy the lien for 20% of the amount.Chances are the lien holder will lose everything when the property sells atauction. Buying out the lien puts more equity in the property and more money inyour pocket.

Remember to include closing costs in your calculations for the purchase and saleif you intend to flip the property. Also include the carrying costs, the mortgage

payments and taxes and insurances, while youhold, repair, and then resell. Also include aseller's commission if you use a broker.

Include the cost of the hard money loan as youcalculate every legitimate expense associatedwith buying, repairing, carrying and selling theproperty.

If a large enough figure remains, you may havea very nice deal. This bottom line figure has to





pay the homeowner for his property and produce a profit for you.

How much do you offer the homeowner? Some investors itemize every expense,show their calculations to the owner and offer to split the profits. Some itemizethe expenses and pay the owner the remainder on the bottom line.

The investor then earns his profits by the reduction in lien amounts asnegotiated, savings in repairs by doing them himself, negotiating a lower seller'scommission, or selling the property himself. Others still make offers based on thebottom line, and negotiate from there.

The Purchase Contract

When the owner decides to sell, you will both need to sign an Equity Purchase or Real Estate Purchase and Sale Agreement. All parties recognized in themortgage contract must sign.

Investing experts agree that the terms of the agreement must be clearly stated inthe contract. Leave nothing out.Your best defense against future problems is the manner in which you presentyour evidence. Have everything documented properly.

Make sure to include the following in your purchase agreement:

▪ A “Contingencies” clause that allows you to bowout of the deal if something is not as originallyagreed upon. This could be for unknowndamages, general condition of the property or loans, termite damage, etc.

▪ A statement that allows you to show the property.

▪ A statement indicating that the property has to appraise at a certain value.

▪ The property must be vacant, all tenants and possessions out by the specifieddate.

▪ An agreement between buyer and seller that the payments for the current loansequal '"'X.'"'

▪ A statement indicating the sale is subject to the condition of the loan and/or encumbrances against the title.

▪ A statement indicating the buyer shall pay all closing costs.





▪ A statement indicating the seller shall: “Deed the property to the buyer...Authorize the buyer to record said deed at the appropriate time...Be aware that the buyer may resell the property... Be aware that the purchaseprice may be below market value... Leave the premises in good condition andpay for damages incurred after the contract has been signed and before the

seller has left... Agree to pay for any damages or repairs necessary asdiscovered by termite and roof inspections... Vacate the premises on the datespecified.'"'

A statement indicating all net proceeds paid to seller will be paid at closing.

Closing

Order your certified appraisals and inspections as required before closing. Order the termite and roof inspections as well. Verify from a title search that there areno other lien holders against the property.

Investors turn to hard money when:

A short-term loan is needed to build, rehab, or remodel real estate or makeimprovements to raw land prior to selling the property or refinancing into long-term permanent financing (note-hard money loans used for these purposesrequire a future value appraisal and construction documentation for approval);

Property has characteristics making it difficult to obtain a bank loan, includingbut not limited to:

▪ Partially or nearly completed construction of building▪ Property improvements - Rehab▪ High Vacancy - Loan is needed to increase occupancy of income property▪ Earthquake retrofitting;

Quick funding for time sensitive loans;

Once the investor has built a relationship with a private lender it will becomepossible to have the lender ready with the cash needed to buy at foreclosureauctions. This works best one the investor has one to three days to produce themoney after placing the winning bid.


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Quick Payoff

Investors will want to payoff hard money loans within a year or two, or sooner.Typically, you do not want to hold a hard money loan for a period of years. Most

hard money loans will balloon in 1-2 years so make sure you plan ahead whenusing hard money to finance your mortgage.

Hard money loan interest rates are dependent upon the real estate market andthe money supply of hard money credit. Currently, rates for hard money rangefrom 10% to 18% in many areas. Borrowers who default on hard money loanscan be charged a significantly higher rate known as the "Default Rate".

Default Rate

Increasing interest expense through a Default Rate is tricky territory...

Several recent cases (both bankruptcy and non-bankruptcy), have dealt with the issue of what is an enforceable default rate of interest that may be charged by a secured creditor.In the state court area, see MetLife Capital Financial Corp. v. Washington Ave. Assocs.,313 N.J. Super. 525, 713 A.2d 527 (1998), in which the New Jersey Appellate Court,using a liquidated-damages analysis, ruled that a 5% late charge and a 15% default rate of interest contained in a mortgage note did not comply with the requirements of a validliquidated-damages provision under New Jersey law. The court found that these chargeswere not reasonably related to the anticipated or actual damages incurred by themortgagee, which the court held were capable of exact determination and were thereforenot unascertainable or difficult to prove.

On the other hand...

But see In re Route One West Windsor Limited Partnership, 225 B.R. 76 (Bank. D.N.J.1998), in which the court, applying New York law (the parties had stipulated New York law would apply in a choice-of-law provision in the loan agreement), held that a provision in the debtor's mortgage-loan agreement with an over secured creditor to payinterest following default at the post-default rate of 15.125% was not an unenforceable penalty and must be paid by the debtor. The court found that the increased default rate of interest was justifiable and reasonable because it merely compensated the mortgagee for the increased risk and expense of collection.





Cross-Collateralization

In many cases a hard money lender will offer a smaller loan size based upon alower "Loan to Value Ratio". This means they may opt to loan no more than 65%of the property value.

Therefore it is common for real estate investors to offer additional real estate ascollateral in order to obtain a larger loan amount. This is known as cross-collateralization.

Cross-collateralization is a term used when the collateral for one loan is alsoused as collateral for another loan. A real estate investor may need a hardmoney loan to buy a property, but his lender will not loan enough to make thedeal work until the investor offers an additional lien on another property he/sheowns.

That increases the security of the loan to the lender's comfort level and he will

increase the amount of the loan.

No Down with Hard Money

It is becoming very popular among professional real estate investors to buywholesale properties, using hard money to purchase and rehab.

When the rehab is completed, you want to get a new mortgage that pays off thehard money loan.

Since this is a refinance, you can take cash out of the property.

You may have to bring some money to closing on thehard money loan, but you get it all back when yourefinance, so you end up with no money out of pocket.

This becomes not only a "no down payment" deal,but also a "cash back at closing" deal.

It works like this:

Purchase price $100,000Repairs $15,000Hard money loan $115,000

Purchase and repair, then get new loan to pay off hard money.New loan is based on 90% of After Repair Value.





For our example, the ARV is $150,000 (ARV = After Repair Value)

90% of $150,000 is $135,000.New loan for $135,000. Subtract hard money loan pay off of $115,000 leaves$20,000.

You keep the extra $20,000 in cash, tax free since it is a loan, rent your houseout and let the tenant pay the loan back.

Your gross profit is $20,000 cash and $15,000 equity. Total gross profit$35,000. Not too bad for a couple months work.

100% Financing

Many people have become accustomed to 100% LTV loans (and higher) over the

past few years. Unfortunately, many banks and lenders have been veryirresponsible in how they lend money and we are seeing the ill effects of thesepolicies today.

Banks are beginning to close up shop, lenders and investors who havepurchased loan packages on the secondary market are going after lenders andmortgage brokers, and even Congress is holding hearings.

What many people do not understand is that hard money lenders typically areMORE conservative when underwriting a loan. Why is this? Simple, privatemoney lenders need to make sure that the collateral is good and if they have to

foreclose, they are secure and can sell the property in a timely manner.

Most banks use a property valuation that estimates a 6 month to 1 year markettime for selling a property; a private equity lender has to sell the property in 90days or less typically.

How does all of this relate to 100% financing? Simple, 100% financing does notexist in the hard money world… unless your parents are willing to make the loan.

You need some money in the game. Yes, you as borrower need to have asignificant amount of cash at risk deal. Why? Simple, the lender needs to know

that you are not going to walk away from the deal if there are problems.

Some lenders say that something like 80% of the people seeking a loan can’tunderstand why they have to have cash inthe deal. Lenders need to see thatborrowers are willing to back up claims thatthey have a profitable deal. The best way to





do that is by putting your own dollars into the deal.

If you are willing to do that then put a good information package together.

Include just how much money you are looking for, how the funds will be used and

some information on your exit strategy. An exit strategy is what you plan ondoing with the property – flip, hold, trade, etc. This will set you apart from thecrowd and increase your chance of getting the loan.

ARV Rehab Loans

Hard money lenders get lots of calls each day from people looking for ARV or AsRepaired Value rehab loans. What most people seeking these loans don’tunderstand is that just because they are dealing with a private money lender tthey don’t get money just by asking for it.

Often times the call goes like this:

Caller: Hi, I need a hard money loan for a property I am buying from the bank.

Lender: We can help you with that. Can you tell me a little more about the deal,what’s the purchase price, loan needed, rehab funds needed, etc.?

Caller : Well, I am buying it from the bank and it is worth $750,000, but I am ableto buy it for $500,000. So, I need a loan for $500,000 to buy the property andthen another $100,000 or so to rehab it.

Lender: Okay, what kind of money are you putting into the deal?

Caller: None, I need a hard money loan for the whole purchase price. But, theproperty is worth $750,000.

Let’s stop the call example right here. This is where most people lose contactwith reality. First, just about every lender I know is going to want the borrower tohave some money in the game.

You have to put some cash into the deal for if you expect to get a hard money

loan. . Yes, you believe that that property is worth $750,000 fixed up or evenmore than you are paying for it.

Without something to keep the borrower honest and tied to the property (aka:cash into the deal), lenders won’t even talk about the deal. Using a privateinvestor or hard money lender to obtain funds doesn’t mean that you simply askfor the money, tell the lender that you are getting a smoking deal, and then they





cut you a check.

There is still work involved, due diligence that needs to take place andparameters to follow.

So, how do you get an ARV rehab loan?

Here are a few parameters to follow:

▪ Do you have cash into the deal?▪ Are you purchasing the property for 65% (or so) of the future appraised value?

You can expect to get this amount of dollars from a private lender on an ARVdeal. So, you either need to get close to this number or come in with more cashto cover the rest.

That is most of it. Those two items are the most crucial. If you have deals thatmeet these two parameters, then you are likely to get the funds you need topurchase as well as do the rehab work necessary to complete the project.

The Purchase Offer

Once you’ve done your due diligence and know the market value (ARV) and theestimated cost of repairs for a property, you can plug those numbers into asimple formula. The Maximum Allowable Offer (MAO) is ARV x 70% less repairs.

MAO = ARV x 70% - Repairs

Never pay MOA…and don’t name the price first. Ask the seller, “If I were to payall cash and close quickly, what’s the least you could accept?” No matter whatthe answer, Follow-Up with “Is that the best you can do?”

If the seller’s asking price is less than MAO, then get the house under contract.

Remember, MAO only applies to all cash offers - generally “ugly houses” in needof repair.

Loan Process

The complete loan process from open to close of a private investor transaction ismuch faster and efficient than the traditional loan process. Following is a typicaltime-frame and process of this type of loan transaction.

Time Process





Day 1 Review of initial Loan Summary - if ok then...Day 2 Review of standard loan application (1003), credit report, comparablesales information of property - if ok then...Day 3 Private investor to drive-by property or appraisal (subject to privateinvestor) - if ok then...

Day 4 Draw loan documents and signing - if ok then...Day 5 Fund loan and prepare for recording.Day 6 Record loan and close escrow.

Documentation RequiredFollowing is a list of documentation often required in order to completetransactions, this list may vary case by case.

Standard Loan Application - URLA 1003Credit Report

Color Photos of subject propertyTitle / Prelim Report*Escrow / Closing Attorney

You can find an example of a loan application here:http://rarme.com/?private-money

Expensive Loans

First time hard money borrowers are often startled by the fees. Whether you go

to a private lender or a broker expect to pay anywhere between 2 points and asmany as 10 points in fees for a hard money loan.

You can expect an interest rate in the range of 9% and as high as 24%depending on the lender and the terms. The more complex the loan the higher the interest rate you can expect. Just remember the good, old golden rule –

“Those with Gold make the Rules.”

Yes, some conventional lenders may still be offering 100% loans, but since thesub prime situation, your credit score must be off the

charts and you must have a lot of money in reserve,because qualifying for one of those loans is near impossible.

If you do not qualify for a 100% loan a traditionallender will only loan you a portion of the purchaseprice. Even with equity in the property they will want





you to put some of your own money into the purchase.

For example: You qualify for 80% LTV and the purchase price of the property is$80,000. Even if the property is worth $100,000 the bank would limit your loan to$64,000 (80% of $80,000). In order to get the $80,000 from the bank you would

need to buy for $100,000, and put $20,000 of your own cash down.

Some hard money lenders will give you 100% of the Purchase Price but not100% of the Value of the property. Most hard money lenders have a ceiling of 70%-75% of the current value of the property or of the A.R.V. They want you toleave equity in the property. This is their protection in case of default. It will be aproperty they sell quickly because of the equity.

Private loans are based primarily on the value of a piece of property, and theborrower’s ability to repay the loan. These loans are considered to be bridgeloans or temporary loans with terms of 6 months to 30 years, and are typically

paid in Interest-Only payments, although amortized loans can be arranged.

In the event of an interest-only scenario, no principal is paid during the paymentterm, and a balloon payment for the borrowed principal is required at the end of the loan term. This is typically done through traditional refinancing of your property, or through new creative financing.

The following are two examples of the type of costs that are usually associatedwith a private loan:

Example 1:

$50,000 Second Mortgage: Interest Rate: 12-15%Combined Loan-to-Value (total amount borrowed against property vs. verifiablevalue of property) will not exceed 70-75%.

Costs of Loan:$7500.00 minimum Loan arrangement fee$1595.00 processing & underwriting$ 1350.00 escrow & appraisal costs

Example 2:

$300,000 First Mortgage: Interest Rate: 10-13% (Higher for construction or commercial)Loan-to-Value (total amount borrowed against property vs. verifiable value of property) will not exceed 70-75%.

Costs of Loan:





$15000.00 Loan arrangement fee (5 pts.)$ 1595.00 processing & underwriting$ 3500.00 escrow & appraisal costs

The trick is to buy property below market value, hard money lenders like gooddeals.

Now all of the above may seem like negatives, but in the right situation thebenefits of hard money usually outweigh the drawbacks. This brings us to...

How to Use Hard Money

Here are some ideal hard money situations:

1) You need to move on a deal and close fast. Conventional financing with therate rollercoaster, paper work requirements, underwriting guide lines, etc. cansometimes take a little while longer then you have to close; 30 to 90 days... or more. If you have a hot deal you can use hard money and close in as little as 2days.

2) You want to purchase multiple properties over time. A traditional lender willwant you to complete the entire process for each loan. On the other hand, after you have established a good payment record with a hard money lender you maynot to submit applications for future loans.

3) You have a property that needs rehab or renovation. Hard money and rehabproperties (fix and flips) go hand in hand. This is one of the best scenarios for hard money.

Hard money lender Eclipse Mortgage explains theopportunity in house flipping this way:

Bob finds a house that needs some cosmeticrepairs and possibly a new roof. The owner isselling it for less than value to get rid of it at acurrent price of $200,000.00.

Bob determines the repairs needed and prices them out. After negotiating withcontractors the cost to repair the house completely including a new roof is$35,000.00. Bob currently has $20,000.00 to put into repairs.

He wants to buy the property but conventional banks will not give him a loan for the purchase due to the condition. He knows that once he fixes the house, based





on current similar homes in the same neighborhood, the home would sell for roughly $350,000.00.

In order to make $100,000.00 off of the property, he decides he needs a loan for $235,000.00 from a hard money lender. Since the property will be worth

$350,000.00 after repairs, Bob can use the future repaired value to obtain a loanfor 65% of $350,000.00, totaling $227,500.00.

Gary is a private money lender that specializes in financing people like Bob. Garyagrees to loan Bob the $227,500.00 for 6 months to a year with interest onlypayments and a small loan fee.

Now Bob has the money to purchase and rehabilitate the property and Gary isreceiving interest only payments from Bob for 6 months to a year.

In the end, Bob was able to sell the home quickly for $320,000.00, Gary was then

paid back the full amount of the loan at the time of the sale and Bob walked awaywith over $92,000.00.

Gary now stands ready to make another loan to Bob when he finds another property.

4) Most conventional lenders will only lend on properties in move-in condition,and you must complete any need renovation or repairs. You must qualify for 100% financing if you want to get more then a portion of the acquisition costs. Soif you are investing in properties to flip or wholesale, and they need repairs or renovations, then you need hard money.

5) Hard money lenders are lending on the current value or ARV. You caninclude renovation costs in the loan amount as long as the total costs don’texceed the lender's limit.

Most lend 50%-70% of the property's value. Let's say you have a propertyunder contract for $50,000 and it needs $20,000 in rehab, to get it into move-incondition and has an ARV of $100,000.

You can go to a hard money lender and get a loan of $70,000 ($50,000 +$20,000) or 70% of the ARV, which is 100% of the acquisition costs meaning you

have just completed a no money down deal.

It’s a Matter of Equity

Hard Money/Bad credit home loans are a good fit for anyone who has the equityto secure a loan but not the credit score to convince a bank to give them a loan.For these people, you may need to go with a private lender for a 12 to 18 monthsperiod. Within the state of California, Bad Credit Lender can provide hard money





loans at 11% APR and 3 points. For bad credit home loans outside of California,other rates apply.

In all cases, the general qualifying process is the same: the private lender usesreal estate as collateral.

The real estate is reviewed to determine whether it holds sufficient value for theinvestor/lender to be willing to take the risk of making a loan based on thiscollateral.

The borrower's financial state and future potential is reviewed to determine therisk factors present. And finally, an exit strategy is reviewed to determine whether the loan will be completed satisfactorily within a given time frame. Depending onthe results of this due diligence process, the private lender determines whether -and at what rates and terms - to fund the loan and how the loan should bestructured…

Balloon Payment Due; Refinance your initial balloon loan into a moretraditional loan structure, on or near the date the balloon payment becomes due;

You are a Foreign National with no long-term U.S. employment or other assets;

Note Hypothecations (Loans secured by Assignment of Note(s) & Deed(s) of Trust);

These types of loans are referred to by many different names, such as, privatemoney, private equity, equity, equity only, equity-based, equity-driven, or asset

based.

You need a cash equity loan with less than perfect credit and have a 1stmortgage with a negative amortization feature — with the right amount of equityafter the required adjustment for the potential negative amortization you mayqualify for a 2nd mortgage hard money loan;

You want to remain anonymous. A borrower/investor may not want thetransaction on their credit report or the mortgage in their name. Unlike mostconventional financing hard money lenders do not report to credit agencies andallow title to be held by an entity or Trust;

You want to maintain your privacy. Sometimes individuals prefer to arrangeprivate financing for reasons of privacy. For example, some people would prefer to buy a recreational property with private funds vs. institutional financing. Theysimply do not want their financial institution to know about all of their financialdealings.





Creative transactions such as: interest only payments, partial deed release,and participations are usually considered.

Your Friend the Hard Money Lender

Having a hard money lender on your side when you are purchasing investmentproperty will help you become more profitable. You will be able to take advantageof opportunities as they become available.

Have you ever found a property with great equity andwished you could submit an offer immediately,knowing you could close within ten days? Being pre-approved with a hard money lender would allow you to

do this.

To be able to make multiple offers on many distressedproperties listed with real estate agents, you will needa “Prequalification Letter” to submit along with your offers, particularly if theproperties are REO properties (foreclosed properties owned by banks or mortgage companies).

So many investors make offers on REO properties and never carry through toclosing. This makes the agents and foreclosing lenders suspicious of allinvestors. Once you have been pre-qualified by your lender for a hard money

loan, your offer will carry more weight.

The agent and the mortgage company will take you more seriously knowing thatyou can actually close on the property. Most of the agents who deal in foreclosedproperties will come to recognize you as a player in the real estate investmentgame, and call you with deals others won’t even know about.

Learn more about buying REOs here:http://rarme.com/?Foreclosure

Lower Offers

You can now make lower offers with some assurance that more of them will beaccepted. You will also be confident that you can close and either rehab or wholesale the property.

What about when you sell properties to other investors? Will you need a hardmoney lender then? The answer is yes.





Your relationship with your hard money lender will be your best and most reliableresource in making sure that your deals get to the closing table. You are theliaison between the Buyer and his financing source.

Many prospective buyers for your wholesale properties cannot pay all cash, even

though they sometimes claim they can. Most cannot simply write you a checkfrom their checking account and will have to borrow their funds. How many of youhave tried to sell a property to an investor and signed a contract only to find thatyour buyer is applying for a conventional loan?

How many of you have waited weeks or months while your buyer tries to qualifyfor financing? In cases like this, it is your job to take control and lead them to themoney. Many wholesalers develop a steady stream of investor/buyers becausenot only do they find the properties, but they help line up the financing.

Hard Money Lenders are a great resource for real estate investors, whether you

are a beginner or a seasoned pro. Having a hard money lender working with youenables you to confidently make offers you could not ordinarily make. HardMoney enables you to carry through on your offers when they are accepted, andprovides you with the funds you will need to rehab the project if required.

Broker or Direct Lender

Hard money lenders may be direct hard money lenders or hard money brokers.Most hard money lenders are, in actuality brokers. Some hard money lenders areboth brokers and direct lenders.

In these cases, the hard money lender generally funds one or up to a few smallloans per year and serves in the broker capacity to clients for the balance of loans.

Choosing whether to work with a hard money broker or a hard money lender ismuch like selecting whether to purchase real estate with the assistance of a realestate agent or whether to make an offer direct to the seller on your own.

Direct Lender

The advantages of working directly with a true hard money lender are

immediately evident: you save money by going direct. Brokers are paid for their services via a percentage of the points you pay on a hard money loan.

Therefore, the more brokers involved in a deal,the more you are likely to pay in both points andpercentage to accommodate that cost.





If you have selected a direct hard money lender who is a good match for your project, you will be able to speak directly with the decision makers, avoiding the‘run around’ that so many hard money borrowers fall prey to.

You hear that your loan is going through, only to be told the next day that lender

#1 backed out and now your loan is on another desk in yet another directlender’s office. Even worse, your loan is on the desk of another broker who mayknow a broker who knows a lender who may want to fund your loan. Sometimes,the choice of direct lender is based more on the commission the broker will getthan on your best interests.

By working with a direct hard money lender, you can avoid the ‘run-around’ andmay be able to close more rapidly. After all, no one knows your situation like youdo, no one can explain any extenuating circumstances better than you can, andno one is as committed to your business and your hard money loan as you are.

A Broker

A well-informed, honest broker will have the knowledge of and access to thedozen or so direct hard money lenders in the US and will know where your loanhas the best fit. A good broker will help you ‘package’ your loan to your bestadvantage, sharing information with you that will help you determine how muchto expect based on the equity in your property, type of property you arecollateralizing, the speed with which you need to close, and more.

A good broker will be able to help you complete the lengthy application and ‘float’it to the best direct lenders for your situation. This may save you time and troublein the long run and be well worth the 2-3% fee.

In the end, your choice to work with a hard money broker or directly with a hardmoney lender will depend on whether you have access to a direct hard moneylender and whether you are prepared to discuss your project directly with thedecision makers.

Finance Most Property

Most conventional lenders lend on either commercial or residential, if you find the

right hard money lender, you can finance most property types with one lender.

Notice! You must have a well defined exit strategy. Are you going to sell, trade,refinance, etc? Hard money loans do not have long terms, but they do have highrates. They are like hot potatoes. Hold them to long and you will get burned.





If you have land without buildings on it, you need a hard money loan from a directlender who funds land - look for this in the lending criteria of the hard moneylenders you review.

If you need more than 65% of the purchase price of a property because you are

going to rehab it, look for direct rehab lenders. Hard money lenders will lend upto 65% LTV.If you qualify, rehab lenders can lend up to about 70% of the after-fix-upappraisal of the property. This will give you enough to buy the property, fix it andsell it, if you can move quickly.

Hard vs. Private Money

Broken down into its simplest form the main difference between hard money andprivate money is with private money you decide the terms, within reason. Withhard money from a finance type of company the lender decides the terms of use.

Now this very basic difference has a lot of impact on your real estate investingbusiness. One type of money is not necessarily better than the other, but youshould factor in the difference.

Where does the money come from?

With either type of loan you are going to receive money from an outside investor.There are several ways to find these investors from holding luncheons to runningads in the local paper. The investors know that real estate will offer a high return,so they are inclined to give you some dollar amount in exchange for apercentage of return.

Terms of Use?

Private Money - The terms of use with private money tend to favor that of the realestate investor. Why? Because you as the investor can set terms that fit the deal.

You go to the investor and ask for $ X amount of money and in exchange theywill be paid X% return. You can structure this so they receive a monthly returnexactly like any lending institution structures a basic mortgage or you may wantto give a higher percentage and pay the investor in one lump sum at the close of the deal.

You decide where to spend the money, when to spend the money, and how tospend the money. Some advise that you have your business set up so that athird party holds the money until you are ready for it. It could be an attorney…yours or the private lender’s.





The best part about using private money is you determine what is done with themoney, because you are the real estate investor. You are the one with the skilland experience to make the deal work and produce a profit for both of you.

The private money investor is not a partner looking over your shoulder. In fact,

you may not even allow the private money investor to look at the deal. They arenot real estate investors. It's likely that they won't understand many of the deal’ssubtle details.

Explain the Investment

As prospects express interest in lending you money explain that the investmentsare secured by real estate and do not exceed 75% loan-to-value (LTV) of theafter repaired value of the home.

Each investment is based on a specific property, and they can decline any

property with which they are not comfortable. All you require is that they approvequickly (within 48 hours), and can fund within 7-10 days or less.

Once they have approved the investment,the funds are wired to the closing attorneyto be held in escrow.

After the closing, the lender will receive aPromissory Note from you (either personally, from your business entity, or both), a Deed to Secure Debt (mortgage)on the property, lenders’ title insurance, and listed as a mortgagee on the hazardinsurance policy.

Hard Money - With hard money the lender has the power. The hard moneylender lays down the terms of the deal. Everything from the percentage of returnthey will expect to the type of deal you can do with the money.

If the lender wants you to do a rehab and then flip the house, well that is exactlywhat you will have to do. There is nothing wrong with this type of borrowing if areconfident that you will be able to meet the terms of the loan.

Hard money does have its advantages and can be more useful depending on thedeal. When working with a hard money lender it is always important that youhave a signed agreement. The agreement can prevent the lender from stealingyour deal.

IRA Money





Private lenders are typically not currently making real estate loans. You want tofind people who have investable money, but are currently earning low returns.

You will be wasting your to trying to convince someone who is already earning20% on an investment that they should invest with you for a 20% return.

The best opportunity is with people who have money in IRAs. IRAs are typicallypaying 5% to 8% interest.People that have money in an IRA can’t touch that money until they are 60 or 65years old, so they are a little more willing to lend that money. Those dollars arenot something they are dependent upon for living expenses.

They also don’t realize that the government will allow them to make loans fromtheir IRA and boost the interest they earn by a factor of 3 or 4 times. The self directed IRA is the key.

Self Directed IRA

You have to find a 3rd party administrator that will handle a self directed IRA. Allthe potential lenders have to do is roll over their current IRA into a self directedIRA and then they can start making the loans.

Once you show a potential lender how they can do that and start earning 8-10%interest, they get very excited. This is money that they didn’t think they couldtouch. It’s money that they are not looking for until their retirement. Now you areshowing them how they can get 3 and 4 times what they are currently earning.They are pleased!

Spread the Word

Advertising will help you find private money lenders, but the best way to locatethem is to just start talking. If you just talk to people and start talking about realestate investing in general, they will start to ask you questions like how you finddeals and where you get the money to fund them.

This gives you the opportunity to talk about private lending without having to“sell” them on the idea. You are just explaining your business and how it works.Always end your conversation with “I’m always looking for more private lenders.If you know of anyone who would be interested, please give them my contactinformation.” Hand them your business card.

Often people respond with something like, “Well, have some money would yoube interested in using mine?"

You up your odds for success if, throughout the conversation, you stress theamount of interest that can be earned, how safe the money is, and that you





accept smaller loans. Most people don’t realize that you would be willing toexcept smaller amounts of money. They assume they would have to loan $100’sof thousands.

Finding Private Lenders

There are many places to locate private money for real estate investing. Hereare five suggestions.

1. Your own retirement funds. Make sure thatwhen you’re looking for private money for realestate investing you consider your own

retirement savings, like 401k and IRA accounts.

No matter what rate of return you’re earning, it’slikely you can do better in real estate. Consider rolling over into a self-directed IRA. Learn howto do that here: http://rarme.com/?IRA-Investing

2. Family. In your search for private money for real estate investing, don’t overlook your relatives. You never know who might be sitting on some money that isn’t earningmuch in the way of return.

Putting that money to work in real estate investing will benefit both you and your family member. There is no room for error with family money, so be sure youonly offer them the deals with the lowest risk.

3. Friends and professional relationships. Make sure everyone you know isaware of your investing activities, and knows that you use private money for real estate investing. That way, they just might let you know that they havesome money they would like you to invest on their behalf.

4. Marketing. There are all sorts of effective ways you can get the word out that

you use private money for real estate investing. Postcards, flyers, classifieds,signs, even radio and TV… all have been used effectively by somebody,somewhere. Let your creative juices flow and get the word out with flair.

5. Seminars. Entire courses have been written on the fine art of using freeseminars to find potential sources of private money for real estate investing.There’s no reason why you can’t become the private money seminar expert inyour town. This is perfect if you live near a retirement community.





Here’s recommended software for finding private lenders:http://rarme.com/?hard-money

Alan Cowgillhttp://www.AlanCowgil.com

We've invited master real estate investor Alan Cowgill to explain his...

Private Lenders Rules....

This is my business. After many years in a corporate job working for others, I leftbecause I wanted to run my own business my way and that's exactly what I amdoing. I am using my business skills to create the kind of company I want. Alongwith creating my own rules, procedures, and systems within my real estatebusiness, I have rules that I follow regarding my private lenders. A couple of myrules are:

a) Make interest payment when property sellsb) One private lender per mortgagec) I keep my word

Let me further explain what I mean on each of these...

a) Make interest payment when property sells...

I didn't start out that way. I thought everyone would expect monthly or quarterlypayments, so I started paying some early lenders monthly. But after aconversation with a RE guru, I quickly changed and now pay when the propertysells.

What a huge benefit to cash flow and what a BIG help with the office paperwork.Not only is this a matter of less paperwork for the staff, there is another practicalreason for doing this.





When a lender's money is applied to a property at closing, the clock starts ticking.The interest rate starts.However, it may take a couple months to renovate the house and find a buyer or rent-to-own tenant. So the cash flow from the property will not even start for a

couple months.

In addition, when you sell the house the lender gets a bigger chunk of money tolend back to you for your next project. Everybody wins.

b) One private lender per mortgage...

The Number One question I get from all over the country is "can I pool lendersmoney". The answer is maybe.

You cannot "pool" lender's money unless you fill out some paperwork with your

state.

So, if you need more funds to purchase and rehab a property, then the 1st lender (the one with the most money) gets a 1st mortgage on the property and if youneed more money to rehab the property, bring in a 2nd lender and they get a 2ndmortgage.

They are your "Bank" and they get a mortgage (lien) on your property.

You take possession of the property in a land trust and you get the deed. Thelender gets a mortgage. These are the two key documents on any real estatetransaction.

Actually, you can have as many mortgages (1, 2, 3, 4, etc.) as you like on aproperty as long as you don't over leverage the property.

c) I keep my word...

I follow my agreement with each lender exactly. I run my business with integrity.Like I said earlier, my rule now is that I make interest payments when theproperty sells. But there are a few early lenders with whom I made theagreement to pay monthly. I will stick to my agreement with them regardless of how long they invest with me. And, since they love those checks, they'll probablybe around a long time -- and that's great as far as I'm concerned.





Pool Lender Money

When you pool money from private lenders, you're putting funds together fromtwo or more different private lenders.

You obviously need to look at doing something different where your state'spaperwork is concerned. This means you will need to file paperwork with your state and provide a disclosure document to your potential private lenders.

In Ohio, for example, we have what is known as 6(A)1 filing. This filing allows for pooling private lenders' money in running your real-estate investment business.

This filing also allows advertising and unlimited private lenders.

Remember, securities laws and regulations vary from state to state and theFederal SEC has its own set of laws and regulations.

Pooling 2 or More Lenders

Pooling money occurs when you combine funds from two or more differentprivate lenders.

You should use or form a new business entity. You should choose a corporationwhich could be an S-corporation or an LLC. Some states have different filingsavailable depending upon whether you have a corporation or an LLC, and LLCsare sometimes treated as partnerships. Most states won't allow you to poolmoney when you're operating as a sole proprietorship or DBA.

You cannot use your state's exemption for real-estate transactions, similar toOhio's 3(H) exemption, when you pool lenders together. You can not use this

particular exemption because there is no paperwork involved. In Ohio, you must"upgrade" to the 6(A)1 form, which allows pooling. All states have similar paperwork levels.

You should use one of your state's filings that allow for pooling money. As anexample, Ohio has a number of these filings available, such as a 6(A)1.


http://www.Creatingwealthclub.com





These filings require you to fill out paperwork, informing the state regulator aboutyour business and what you're doing. It usually requires you to discloseinformation to your potential private lenders, which is for your benefit as well asyour private lenders' benefit.

You'll pay a fee to your state regulator when you file your paperwork.

One of the things I stress is that you shouldn't be pooling money from privatelenders unless you make sure you're in compliance. In order to be in compliancewith your home state's securities laws, you'll need to find the proper exemption,filing or registration option and comply with its requirements.

Compliance

The following is some general information on staying in compliance with your state's requirements.

When you use an exemption to bring in private lenders, you are making an offer and sale of a security. It's important to understand that an offer to sell is usuallytreated the same as a sale when it comes to securities compliance.

Two key concepts to understand when you sell securities are that there areexempt securities and there are exempt transactions. Whether you're sellingstock, equities, borrowing money, or debt, these are treated as securities. Anexempt security usually means a security issued by a governmental agency or authority.

An exempt transaction refers to the sale of a security not issued by a governmentagency that has been given an exemption under state law (or federal law)because of the nature of the security and how it's sold.

Ohio Revised Code, Chapter XVII, Title 1707.03(H) The sale of notes, bonds, or other evidences of indebtedness that are secured by a mortgage lien upon realestate, leasehold estate other than oil, gas, or mining leasehold, or tangiblepersonal property, or which evidence of indebtedness is due under or basedupon a conditional-sale contract, if all such notes, bonds, or other evidences of indebtedness are sold to a single purchaser at a single sale, is exempt.

Remember, these are still securities, and the sale of these securities can beexempt under securities laws in Ohio. Compliance with the offer and sale of these securities is still required.

Some states may offer you more than one choice, so you'll want to evaluatethose choices





Steve Cookhttp://SteveCook.com

Now let's hear Steve Cook, from another hard money expert...

Having a good hard money lender will help your real estate investing becomemore profitable.

You will be able to take advantage of deals when they come available. You willbe able to act quickly if need be. You will be able to obtain a prequalificationletter from your lender to give yourself more credibility when making offers, andfinally, you will be able to act as the bank by connecting your wholesale buyerswith your lenders so they can borrow money to buy properties from you.

Pre-Qualification Letters

If you are pursuing a lot of properties listed with real estate agents you will needa prequalification letter to submit along with your offers on many distressedproperties, particularly those that are owned by institutions.

You can obtain a prequalification letter from a hard money lender for thispurpose, and in fact, your offers will carry more weight when submitted with aprequalification letter from a lender that is active in your area and is recognizedby most real estate agents - particularly the ones that specialize in foreclosures.

Learn more about preforeclosure investing here:http://rarme.com/?Preforeclosure

Hard Money Lenders and Your Buyers,

It is extremely helpful to have a stable of hard money lenders to call upon tofinance the purchase and rehab of properties that you may want to buy.

However, even if you never buy a property for yourself, the second and mostimportant reason to develop contacts with as many hard money lenders aspossible is that hard money lenders will be your best andmost reliable resource in making sure that your deals areconsummated when you sell homes to other investors.You want to become the bank.

Many prospective buyers for your wholesale propertiesare not cash buyers, whether they claim to be or not. Inreality, most simply cannot write a check, but mustborrow their money from other sources.





Depending on their source of funds, this may or may not be OK. If an investor doesn't have a legitimate source of funds, then it is your job to screen them.

You qualify before you to take them to one of your hard money lenders. Many arecapable of making mortgage payments and completing a rehab and would love

to buy your properties if they could come up with the financing to buy.

In this case, it is your job to take control of the deal and lead them to the money.Become the bank as well as the seller of the property. You don't want to burnbridges with your lenders by bringing them deadbeat buyers who defaultregularly. Your buyer's credit report should show intent to repay all of their debtson time, and they should have some source of regular income which gives themthe ability to make mortgage payments to the lender.

Ultimately, you want to be able to take anyone who wants to buy a home fromyou (assuming they meet your minimum criteria) to one of your lenders. It is

possible to develop a regular following of investors who buy from you becausenot only do you find the properties, but you also line up the financing.

Fairfield Financial

As an example of what to expect when dealing with a hard money lender hereare the stated guidelines of Fairfield Financial. FF says it may vary from loan toloan, but their lending will generally fall within the limits described below:

Region and Property Type

Commercial, Business and Investment Properties Only: California, Colorado,Florida, Georgia, Idaho, Montana, New York, Oklahoma, Texas, Washington andWyoming

All Property Types: Alaska, Nevada, OregonLoan Amounts $10,000 to $9,000,000Interest Rates 10 - 15% on firstsTerm of Loans 1 - 5 yearsAmortization Interest onlyBroker Fee Typically 5%, but may vary based on particulars of the loan

Note: Depending on the location of the property and the circumstances of theloan, a property inspection fee may be charged in addition to the above feeestimate.

Pre-pay Penalties None





Fairfield charges a document preparation fee ranging from $650 to $2650depending on the loan amount, and a collection account set up fee equal to $470plus $1 for every $1000 of the loan amount.

http://www.privatemoneysource.com/hard_lenders.php

When You Need a Fast Close

The following are five conditions, if present, facilitate a quick closing.

▪ The private lender has at its disposal a ready, ample and flexible money source.

▪ The private lender is closely controlled and operated, unregulated and is notburdened by endless committee approval and red tape.

▪ The borrower is sophisticated and prepared. The borrower understands thatnegotiating for a long time on every business and legal issue will not facilitate aquick closing.

▪ The borrower is offering a "fat" collateral package, fat enough to allow thelender to limit its due diligence▪ The lender's attorney is experienced in documenting private loans, and isalways available to take on a new assignment and work overtime.

The lender's due diligence team (appraiser, engineer, market study, accountant,

environmental, title, etc.) is always standing ready to jump on a new assignment,is acquainted with the needs and preferences of the lender, and delivers resultsto the lender as they are learned instead of waiting until the end.

The art of a fast closing begins with the initial phone call from the prospectiveborrower. The private lender should:

▪ Assess whether the borrower is serious about closing quickly.

▪ Quote the firm's pricing and make sure the caller understands that there will belittle time for negotiation.

▪ Advise the caller that to close quickly, the caller must be ready to cover thecosts of lawyers, consultants and travel costs.

Hard Money Q and A From Coppercrest Fundinghttp://www.CoppercrestFunding.com





Q: What is hard money used for?A: Hard money is generally used as a bridge to allow the borrower or property tobe brought into compliance with conventional financing guidelines or sold. It isgenerally a short to medium term solution (1-5 years) and it is used for all typesof real estate: commercial, retail, office, industrial, raw land, construction, land

development, multi-family and single family homes.

Q: Why would anyone borrow hard money when banks charge lower interest and fewer fees?A: There are many reasons why a borrower would choose to use private or hardmoney over less expensive institutional financing, but the following will addressthe most common uses.

Speed of funding is the most common reason -- banks typically take a minimumof 45 days to fund a residential loan, 60-90 days to fund a commercial loan, and

120 or more days to fund a construction or development loan. Private money,however, is typically funded within two weeks, and can be funded as quickly as24 hours in certain cases.

Another type of project suitable for private money is a property that either lackscash flow to meet bank requirements or requires physical improvements.

Banks will not typically fund a loan secured by a property that requiresrehabilitation prior to its use, and thus the borrower will obtain a private money

loan to purchase and rehab theproperty, and then payoff the privatemoney loan with conventional financing.

Sometimes a borrower will purchase acommercial property that has notenants. Banks will not loan on suchproperties but private money willprovide a bridge loan to purchase theproperty and provide the borrower withtime to lease up the property. Once the

leases are in place and have been “seasoned” for at least 12 months, acommercial lender will refinance the private money loan with institutionalfinancing.

Banks are also prohibited by law from making most types of raw land loans, soprivate money is practically the exclusive source of financing for raw land. Equityin the subject property or other properties owned by the borrower is another factor. Coppercrest Funding makes loans based on the value of the property andnot the purchase price, and is also able to cross-collateralize the loan with other properties, so we sometimes lend 100% of the purchase price.





Q: What are the interest rates?A: Private money rates generally range from 12 to 14%. The rate is determinedby looking at a combination of factors: (a) LTV ratio, (b) strength of borrower, (c)condition/desirability of property, (d) actual cash-in or real equity contributed by

borrower.

Q: What fees are involved?A: We charge a loan fee generally equal to 3 to 5% of the gross amount of theloan. We also charge typical lender fees, such as a document preparation fee, aloan processing fee and an application/inspection fee. There are also third partyfees involved, including escrow fees, title insurance fees and account servicingfees. We do not charge hidden junk fees.

Q: Can the fees be paid from the proceeds of the loan?A: Yes, so long as there is enough equity in the project. Most often, all fees other

than the application fee are paid from the loan proceeds.

Q: Is there a pre-payment penalty?A: We generally have a 3-6 month minimum interest requirement for our loans.For example, with a 6 month minimum interest clause, if the borrower repays theloan in 4 months, there is a penalty of two months interest. If the borrower repaysthe loan after six months, then there is no pre-payment penalty.

Q: How quickly can a private money loan close?A: We have closed loans the same day when presented with a complete loanpackage, but we typically take one to two weeks.

Q: Is an appraisal required?A: We typically require an appraisal, but if there is not enough time to obtain anappraisal and there is good comparable sales information then we can waive theappraisal requirement.

Q: Why do they call it "hard money"?A: We have heard many explanations, but the most common answer is that thelending is based on “hard” assets as opposed to the borrower’s credit or income.

Hard Money Lender List

We've done random Internet searching for "hard money", "private lenders" and"private mortgage lenders". The list below is provided with no recommendations:

www.hardmoneyfunding.com/http://www.kennedyfunding.com/





www.11multicorpfinancial.comwww.1stbridge.com/www.1st-access-hard-money-loans-funding.com/www.AmericanSecured.comwww.1stcalhardmoney.com

www.betterloansandrealty.comwww.hardmoneysourcing.comwww.hardmoneyloans.com/www.hardmoneybrokers.com/www.galaresources.com/www.mountainfunding.com/www.aapfllc.comwww.aboutcaliforniahomeloans.com/private-money.htmlwww.alliedmortgage.netwww.rehabhardmoney.com/www.apollofinancialinc.com

www.asaphardmoney.com/www.AtlantaHardMoneyLoans.comwww.bluefieldscapital.comwww.brookviewfinancial.comwww.californiahardmoney.bizwww.ecapitaltrust.comwww.valuationmortgage.comwww.cthardmoney.comwww.sdifunding.com/www.quickloan2u.netwww.zdeinvestments.com/www.rehabhardmoney.com/www.hardmoneyzone.com/www.pdjsprivatelendersnetwork.com/www.privatelendersclub.com/www.prosper.com/www.imhre.com/www.idmgroupinc.com/id66.html

Why Private Money?

When you’re looking for a way to increase the number of real estate dealsyou are able to do, private lenders should be at the top of your list. Here's why...

1. Never miss a great deal again. Having ready access to a large supply of private money for real estate investing means that when that “once in alifetime” deal comes along, you’ll be ready to move on it. You won’t have towait for loan approvals and qualifications, and stand by while some other





investor snaps up your great deal.

2. Eliminate the hassles and paperwork of borrowing. If you’ve ever gotten aconventional mortgage loan, you know what a mountain of paperwork isinvolved, not to mention the phone calls and faxes. When you use private

money for real estate investing most, if not all, of that paperwork and hassle isdone away with.Once the relationships are established, private loans are often initiated withnothing more than a phone call.

3. Maximize your borrowing potential. Because private loans aren’t listed onyour credit report, private money for real estate investing doesn’t impact your credit rating or debt-to-income ratio. You’re borrowing potential won’t belimited by your income or credit score, so you’ll be able to do more and bigger deals.

4. Keep your valuable credit free and available for other uses. When youneed a loan for a car, boat, or anything else, your credit will be available. Whenyou use private money for real estate investing, it doesn’t show up on your credit report, so it doesn’t impact your borrowing power in other areas. It’s your credit, why tie it up in your real estate investments?

5. Leverage powerful and fulfilling lender relationships. Because privatemoney for real estate investing is created through the relationships you buildwith your lenders, those relationships will have an impact on other areas of your investing, and even other areas of your life. Your private lenders will bringyou deals, and you’ll be amazed at the value these relationships will come tohave for you.

Nothing Attracts Deals Like CASH!

Having a reliable supply of private cash for real estate investing gives youtwo things you need to be super-successful… confidence and flexibility. Let meexplain…

First, imagine that your marketing is working like it should, and you’re getting

calls from highly motivated sellers anxious to get out from under their mortgagepayments.

Further, let’s assume you’re already in the middle of a deal or two, and youhave, say, a quarter of a million dollars tied up for the next few months.

You get a call from Mr. Motivated, who has already moved and isshouldering two huge house payments. His vacant house, valued





conservatively at $190,000, is costing him a cool $1200 each month… and hehasn’t lived in it for 6 months!

He’s willing – even anxious - to let it go, if you’ll just cash him out of his mortgageto the tune of $132,000.

Unfortunately, your marginal credit rating won’t permit another loan, your cashis tapped, and your house is already mortgaged to the hilt for those other deals you’ve got working.

How much confidence do you have on the phonewith Mr. Motivated? My guess… not much! But how much could you have if you knew you had access to a half million or so in private money for real estateinvesting?

Now, when you get his call, insteadof trying to make some impossibleno cash needed deal, you simplytell Mr. Motivated, “I’ll be rightover!”. In an hour you haveanother good property under contract.

You have the confidence to do thisbecause you know, comfortablyresting in your BlackBerry, are allthe private investor phone numbersyou could possibly need!

What about flexibility? How does private money for real estate investing giveyou that?

The answer is in the options private money gives you. Let’s face it, the number one stress inducer in real estate, other than tenants, is obtaining financing andworking with lenders. Why? Because they want endless reams of paperwork,that’s why.

Then there is the damage done to your credit score. Just why those fat catlenders grab your credit report every time you ask a loan? First there’s an inquiry,then they add the loan to you list of debts, so the whole world knows your business.

Leave me alone, I scream!

Now that you have all the private money for real estate investing you





need, there are no more hits on your credit report, and nobody ever seesa list of debts. The next time you apply for a car loan no more stupid,embarrassing questions.

To paraphrase a well know saying, "It's the cash stupid!” Now you know how to

get it.

Financing During a Credit Crunch – 5 Things You Can Do NowBy Frank Gallinelli For RealData.com

(This article would apply to conventional and hard money loans from financial institutions)

Here’s a news flash: the real estate industry is cyclical, and that’s especially trueof the financing portion of the industry. Just as with the stock market, when realestate faces challenges it may also present you with opportunities – but you’reprobably going to need the cooperation of a lender to turn those opportunitiesinto deals. What can you do to maximize your chances and how can

RealData.com help you?

1. Get Real - Don’t expect to walk into a lender with a tiny down payment and begreeted with open arms and open checkbook. In hard times, lenders become“risk-averse.” One way to diminish their concern is to show that you’re fullyinvested in the deal, that you are putting your own money on the table. Some of you – especially those who have feasted on a steady diet of get-rich-quick realestate books – surely don’t want to hear this, but don’t expect the lender to take arisk in a tough market if you’re not prepared to do likewise.

2. Check Your Facts - In other words, do your due diligence and have it ready to

show to the lender (more about that below). Not only should you verify aproperty’s income by examining its leases, but you should also get anindependent take on your local rental market to confirm that the rents arerealistic. Visit rentslicer.com as a potential source of apartment rent data.RealtyRates.com should be able to give you info about prevailing capitalizationrates in your market. RSMeans' CostWorks can help you with construction costsif this is a development project.

3. Join the Pros - Consider joining one of the trade associations for your specialty. There’s NAIOP (National Association of Industrial and OfficeProperties), ICSC (International Council of Shopping Centers), NAA (National

Apartment Association), and ULI (Urban Land Institute) to name just some of themost prominent. Yes there are membership fees, but the data and trends youacquire can be a great help in building a successful strategy. On the “Learn”page at realdata.com, you’ll find that we post featured resources like these tohelp you succeed.

4. Show Your Stuff - With investment property, a lender’s first concern is theviability of the property, but they’re going to be interested in you as well. This is





where a detailed personal financial statement comes in – not a bank form thatyou work on with a pen and a bottle of correction fluid, but a professional lookingdocument in which all the math is right. RealData’s Personal Financial Statementsoftware will do the job for you. Use it to document a one-person or two-personborrower; keep information about all of your accounts, income, assets and

liabilities so that it’s ready to update and use whenever to need seek financing.

5. Make Your Case - We consider this to be an essential step. You need to builda detailed and professional presentation to show the lender how this property islikely to play out over time. Pretty pictures are nice, but they won’t get you theloan. The lender wants hard financial data and projections, not generalities.

For income-property investments you should project the property’s future cashflow for at least five and as many as twenty years, detailing unit-by-unit incomeas well as overall vacancy allowance, operating expenses, debt service,improvements, and reserves.

And you should use realistic capitalization rates to forecast the future value of theproperty, based on its net income.

You should provide key metrics that arevital to your lender. First among these isthe Debt Coverage Ratio, which everycommercial lender wants to see.

We’ve discussed this topic in another article on realdata.com as well as in mybook, What Every Real Estate Investor Needs to Know About Cash Flow... Alsoyou should show the going-in capitalizationrate, and be ready to square that with your

due-diligence data about what your market is yielding.

Your lender is less interested in your profit than its own, but it can’t hurt to showthe property’s projected IRR or MIRR to establish that you realistically expect tomake money and hence will have scant motivation to skip the country.

You can find foreclosure and REOs in your area from this web site:http://FindBargainRealEstate.com

GLOSSARY of LOAN TERMS

The Players: In any loan transaction there are at least two parties. A “Borrower”applies for a loan. If determined eligible, a “Lender” provides a loan. There aremany types of Lenders including banks, savings and loans, nonprofit





organizations, public agencies and even relatives. In some cases, a third party,the “Guarantor” will also be included in the transaction (see Guarantee).

Amortization: The period of time on which the repayment of loan principal andinterest is based. Sometimes loans may have different amortization schedules

and terms.

There are three basic ways to repay a loan: (a) in equal installments, eachcontaining a blend of principal and interest; (b) in varying but regular paymentswhich result from paying off principal plus interest on the amount actuallyborrowed; and (c) in very irregular principal payments often incorporating a larger final payment (see Balloon Payment).

Balloon Payment: The final payment of a loan that has a longer amortizationperiod than term. For example, if a monthly payment is based on a period of 10years, but the actual term is 5 years, a large payment (roughly half of the loan

amount) is due with the final payment at the end of 5 years.

Bridge Loan: Short-term loan made in anticipation of long-term funding or financing.

Building and Real Estate Costs:a. Soft Costs – Expenses, other than hard costs, incurred in developing a realestate project, including legal and lending fees, architectural and design fees,permits, etc.b. Hard Costs – The direct costs to construct a building or structure, otherwiseknown as “bricks and mortar” costs, including acquisition of property,construction, equipment, etc.c. Hidden Costs – Less visible costs associated with the facilities developmentprocess, such as staff and board time and attention.d. Contingency Costs – A portion of the construction costs set aside to cover unexpected “hard” costs.

Building Reserve: A capital improvement reserve fund. Money set aside to payfor facilities upkeep: where the amounts can be large, the ultimate need acertainty, but where the exact timing is uncertain. These are often big-ticketitems, like replacing the roof, which are difficult to accommodate in a singleyear’s budget.

Collateral: The property a borrower pledges to a Lender to secure repayment of the loan. Collateral could include: a lien on your house, equipment from your business, or a bank account. If the borrower defaults, the lender has the legalright to seize the collateral and sell it to pay off the loan.

Debt: Money, goods or services that one party is obligated to pay another inaccordance with an expressed or implied agreement.





Debt Service Coverage or Debt Coverage Ratio: A calculation a Lender uses todetermine ability to repay a loan. This calculation is typically expressed as aratio.

Most Lenders have minimum debt service coverage requirements ranging from1.05: 1.00 (i.e. the net income must be projected to be 5% in excess of the loanpayment) to 1.25: 1.00 (i.e. the net income must be projected to be 25% inexcess of the loan payment). DSC or DCR = Net Income (after all expensesexcluding debt service) = 1.10 : 1.00 Total Loan Payment

Default: Failure to pay a debt or meet an obligation.

Equity: Represents the difference between an asset’s market value and theamount of debt or other liabilities. In terms of a child care equity that is providedthrough internal assets, savings, grants, individual donors, collaborative

resources and other sources can be used to assist in funding some of thefacilities development costs.

It is best to use equity funding for the planning and predevelopment stages of developing child care facilities, while debt (loan financing) is more fitting for thereal estate acquisition and construction costs incurred during the developmentstage.

Fees: Charges by a Lender for making the loan. Fees can include a range of costs.

Forgivable loan: A loan made with the understanding that if the borrower meetscertain requirements, repayment of the loan will not be required.

Guarantee: A promise by one party to pay a debt or perform an obligationcontracted by another if the original party fails to pay or perform according to acontract. Loan guarantee or loan insurance programs are designed to makecertain loans less risky for lenders, such as loans for community economicdevelopment projects and for small businesses like child care.

Interest: The cost of using loaned money, usually expressed as an annualpercentage that a lender charges a borrower for the use of the principal over time.

Interest Rate: The amount a Lender will charge for the use of their funds.Interest rates vary greatly from loan to loan and are frequently tied to industrymeasures such as Prime Rate. For example, if Prime Rate is 4.75%, then a“Prime Plus Two Percent” rate would mean a loan with a 6.75% interest rate.





Leasehold Improvements: Renovations to leased space to suit the renter’sneeds. These may be paid for either by the landlord or the tenant.

Lien: A claim a Lender may place on property in return for making a loan. If aborrower is unable to make loan payments as agreed, it gives the Lender the

right to try and collect repayment of the loan through selling the borrower’sproperty. If the lien is placed on real property such as a house, this lien is oftenreferred to a “Mortgage” or a “Trust Deed.”

Line of Credit: A set amount of money available for the Borrower to borrow asneeded. The borrowed amounts are then paid back in installments determined bythe Lender. A line of credit is distinct from a loan because after the money ispaid back a borrower can access it and use it again, which makes it similar to acredit card.

Loan: Transaction wherein a Lender allows a Borrower the use of a sum of

money for a specified period of time at a specified rate of interest.

Loan Amount: The amount of a loan is determined by how much the Borrower needs to complete the project and the Lender’s assessment of the Borrower’sability to repay. Some Lenders may have minimum and maximum loan amounts.

Loan-to-Value Ratio (LTV): The ratio of money a Lender is willing to loanrelative to the appraised value of the property or other security.

Mortgage: Security instrument by which the Borrower (mortgagor) gives theLender (mortgagee) a lien on property as security for the repayment of a loan.

Operating Reserves: Funds set aside annually to be used to offset possibleoperating losses due to unexpectedly low revenues or unusually high expenses.

Points: An up front fee a Lender may charge for a loan, expressed as apercentage of the loan amount. “One point” equals one percentage of the loanamount. Thus, one point on a $10,000 loan is $100 ($10,000 X .01).

Prime Rate: The rate, as announced from time to time by commercial banks, asthe prime rate. (See Interest Rate).

Principal: The original amount of money borrowed, and the amount that theBorrower must pay back, not including interest.

Term: The agreed upon period of time for which a loan is made. A loan providedfor 10 years has “a 10 year term.”

For an expert level course on real estate investing we recommend:http://rarme.com/?Real-Estate-Investing




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