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Sun Pacific Investor Quarterly Volume 7 Issue 3

A Newsletter for Investors in Trust Deeds

Volume 7 Issue 3

Integrity KnowledgeHonesty April 2011

HARD MONEY INVESTOR SEMINAR

Attend this informal discussion of current regulations impacting Hard Money Investments. Tuesday – May 9th @ 5:30 pm at the offices of Sun Pacific Mortgage – 800 Mendocino Avenue #2, Santa Rosa. RSVP please to Ari, Forest or Lynn.

SPECIAL GUEST SPEAKER: Santa Rosa Attorney Max Broome will be there to participate in the discussions and answer your questions from a legal perspective.

Message from the Broker…

So much change has been wrought in the lending industry since what has been deemed the “mortgage debacle”. With the dust somewhat settling on the new lending landscape I thought it time to inform Investors of just a few of the regulatory changes impacting Hard Money. These changes impact the Borrower, the Mortgage Broker and the Investor.

PREDATORY LENDING

I have to admit that I’ve been doing these Hard Money loans for years and I thought the Feds had labeled them Predatory Loans. In really digging in to the more recent laws that apply to these loans I made an interesting discovery for myself. These loans are not called Predatory Loans because they are high interest rate and high cost loans. Investors are not predatory lenders because they make private money loans. Predatory Lending is the practice of making a loan to someone that is not in their best interest. Or making a loan to them that does not have a tangible benefit. Or giving them a loan that is not the best loan available for their borrowing profile. Or bait and switch. Or no disclosures to them. Or an onerous prepayment penalty.

The Predatory Lending Laws have as their purpose the eradication of the patterns and practices of lenders that might be deemed predatory.

I personally think it was the federal and of course overblown response to the few bad eggs who were predators with their patterns and practices as mentioned above. Those guys are likely out of business but the remaining mortgage lenders (this means you) are left with the cumbersome compliances that were designed to keep those already chased out of business from harming borrowers further.

AFTER FURTHER REVIEW…

PREDATORY LENDING

The only area I can see for improvement in my own operation is the interest rate we charge borrowers. It is usually 12%, which is not at all

predatory. What may approach predatory per the intent of the feds is that we give that rate to everyone. The practice of giving a borrower who has 50% loan to value the same rate as someone who is at 75% loan to value is borderline in my new view of what the feds are looking for. That gap magnifies when you look at ability to repay, which the feds also now mandate the lender look at.

And I mentioned at my last Seminar the fact that the feds deem the person actually putting out the money as the lender. Not the Broker. So you as the lender should be looking at your patterns and practices.

SUMMARY…

From my review of the regulations currently plaguing us, there is nothing I have seen that should stop you from making Hard Money loans.

I would suggest that the next time you get approached about doing a loan with a better loan to value or strong borrower or nicer property, that you think about the rate you will require for that loan.

Your Broker should be compelled to do that on your behalf as a pattern and practice.

Feel free to call or email me anytime with further questions you may have regarding investing in Deeds of Trust.

Best,

Forest Tardibuono

Owner/Broker

Unique Identifier # 289456

forest@sunpacmortgage.com

Sun Pacific Mortgage & Real Estate (707) 523-2099

800 Mendocino Avenue #2, Santa Rosa, CA 95401

Visit us at: www.sunpacmortgage.com

Like us at: www.facebook.com/sunpacmortgage

Special Edition: Sun Pacific Investor Quarterly

 

 

Special Edition

 

Sun Pacific Investor

Quarterly

A Newsletter for Investors in Trust Deeds

Volume 7 Issue 2      Integrity   Knowledge      Honesty      March 2011


 

Change – Change – Change

 

            So much change has been wrought in the lending industry since what has been deemed the “mortgage debacle”.  With the dust somewhat settling on the new lending landscape  I thought it time to inform Investors of just a few of the regulatory changes impacting Hard Money.  These changes impact the Borrower, the Mortgage Broker and the Investor. 

Nationwide Mortgage Licensing System (NMLS)

The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the S.A.F.E. Act) requires the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, the National Credit Union Administration, and the Farm Credit Administration (collectively, the Agencies) to jointly develop and maintain a Federal registration system for those who engage in the business of residential mortgage loan origination. The statute requires these individual mortgage loan originators to be registered with the Nationwide Mortgage Licensing System and Registry (Registry), a database established previously by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators to support the licensing of mortgage loan originators by the States.

A direct result of the mortgage meltdown, NMLS was formed a few years ago to more fully qualify and register loan officers.  It operates independently from, for instance, the Department of Real Estate in California.  The term for a lender who has passed all the qualifications of the NMLS is a Mortgage Loan Originator (MLO). 

 

Some of the qualifications include…

·         Separate state and federal testing

·         Hours of qualifying Education

·         Criminal Background Check

Mortgage Brokers who have passed the above requirements receive a Unique Identifying Number.  Their company too must register with the NMLS and be given a Unique Identifier Number.  

Mortgage Loan Disclosure Statement (MLDS)

 HUD has issued revisions to the Real Estate Settlement Procedures Act (RESPA) (Regulation X) which became effective with loan applications taken on or after January 1, 2010. These important regulatory changes impact the Good Faith Estimate (GFE) and Housing and Urban Development (HUD) Settlement Statements (HUD-1 and HUD-1A) and will place new requirements on loan originators to ensure that borrowers are better positioned to understand their mortgage transaction.

Note that the MLDS and GFE apply to non-owner occupied loans now.  More on this in a future Issue. 

 

            Investors would do well to ask any Mortgage Broker they do a loan with for his or her Unique Identifier Numbers.  Also inquire if they provide the MLDS within 72 hours after taking any loan application.  It’s the law.

          Feel free to call or email me anytime with  further questions you may have regarding investing in Deeds of Trust.

                                    Best,

Forest Tardibuono

Owner/Broker

Unique Identifier # 289456

 
Sun Pacific Mortgage & Real Estate (707) 523-2099

800 Mendocino Avenue #2, Santa Rosa, CA 95401

www.sunpacmortgage.com

or email Forest at forest@sunpacmortgage.com

 

HARD MONEY INVESTOR SEMINAR

Attend this informal discussion of current regulations impacting Hard Money Investments.  Tuesday – March 22 @ 5:30 pm at the offices of Sun Pacific Mortgage – 800 Mendocino Avenue #2, Santa Rosa.  RSVP please to Ari, Forest or Lynn.

Private Mortgage Investing is Ripe

 Anyone with money can invest and become a Private Mortgage Investor.  It’s easier than you would think.  And with the Sonoma County percentile of houses being sold increasing over this past year, it’s a great time to get started!

 Becoming a Private Investor can earn you upwards of 10% in return by investing in mortgages.  And by investing in real estate mortgages your investment is secured.  Investing in mortgages isn’t only buying or selling of mortgages at a discount.  It includes directly lending your private money to individuals and securing that loan with a mortgage against their real estate.

As a Private Investor you can set the yield on the promissory note with the interest rate, points and prepayment penalties.   Many individuals have started or are continuing as a Private Mortgager Investor as they can secure a consistent monthly income from it.   It can be an excellent cash flow for someone retired. 

For example, a private investment recently done for an individual to buy a home came to $65,000 with a rate of 11.5% and the Investor gets a monthly return of $$$$.

A Private Mortgage Investor is also known as a Private Mortgage Lender, a Hard Money Investor, or a Hard Money Lender.  They are all private individuals lending their money directly to the borrower with a promissory note with interest rates, points and prepayment penalties the investor sets, and securing that promissory note with a real estate mortgage.  

Private Mortgage Investing is ripe.  Time to jump on the bandwagon and get a good taste!

 Forest Tardibuono is a CA DRE Broker with over 22 years experience in real estate and lending.  Contact him at (707) 523-2099. See more details at www.sunpacmortgage.com 

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