How a seller ends up holding a second
Seller-financed second liens come about in two ways. In one, your buyer got a bank loan for the larger share of the price and could not cover the rest in cash, so you carried a smaller note for the difference. In the other, you sold the property with your own bank loan still on it, and the note your buyer signed sits behind that loan.
Either way, you hold a second-lien note. A lien is a claim on a property that secures a debt, and when more than one sits on the same property they are paid in order if the property is sold to cover what is owed. That order is called lien position, and it is generally set by the order in which the liens were recorded.
Why position changes the price
If the payer stops paying and the property is sold, the first lender is paid in full before the second receives anything. If the sale does not cover the first loan, the second gets nothing, and a foreclosure by the first lender can remove the second lien from the property altogether.
The holder’s main defence is to step in and keep the first loan current or pay it off, and a buyer of your note has to be ready to do that.
Buyers price that risk by wanting a higher return on their money, and a higher return lowers what they pay. That is the link between lien position and note value: a second sells at a deeper discount than a first on the same property.
What a buyer looks at
Combined equity. Equity is what the property is worth less everything owed against it. For a second, the buyer adds the first loan and your note together and compares the total with the value. As an example, a property worth $200,000 with $120,000 owed on the first loan and $30,000 owed on your note has $150,000 against it and $50,000 of equity, which is 25% of the value. A wide margin is what makes a second sellable, and a thin one gives a buyer little reason to bid. It is the first thing we work out, so when you send us the details, give the first loan’s balance alongside your own.
The first loan. Its balance, its payment, its rate, whether it has a balloon coming, and above all whether it is being paid on time.
The payer’s record with you. Seasoning, meaning the length of the on-time payment history, counts for more on a second than on a first, because the buyer has less collateral to fall back on.
Questions about the first loan
Find out whether the first lender knows about your note. A bank loan may restrict further borrowing against the property, or contain a due-on-sale clause that lets the lender demand payment if the property changes hands.
Ask the payer for a current statement on the first loan before you go to market.
A buyer who hesitates over the full term of a second may bid on the next few years of payments, because the shorter the period, the less can change with the first loan. And if every offer is too low, keeping the note is a reasonable answer.
What to gather
- Your note and your recorded mortgage or deed of trust
- Your payment record
- A statement for the first loan, if the payer will provide it
- A recent estimate of the property’s value
The statement for the first loan is the item a holder of a second cannot produce alone, and it bears directly on whether a second mortgage note can be sold. If the payer will not share it, say so, since that is a different problem from a first loan in arrears. Among the note types, a second is the one whose price depends on a loan you do not hold.