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Note Brokering

Is Note Investing Passive?

Partly. A performing note with a servicer needs little attention each month, but buying it takes real work and a default needs your decisions and your cash.

Partly. A performing note with a servicer collecting the payments needs little from you month to month. Buying it took real work, and if the borrower stops paying it will need your decisions and your cash, so low-maintenance is the accurate word and hands-off overstates it.

The workload at each stage

Stage How much of your time What you are doing
Before you buy A lot, in a short burst Reviewing documents, title, property value and payment history, then setting a price
While it performs Very little Reading the servicer’s statement and checking taxes and insurance
If it defaults A lot, for as long as it takes Choosing between a workout and enforcement, hiring counsel, funding costs

People who call notes passive are describing the middle row. The first row always happens. The third may never happen, but a note bought on the assumption that it will not is a note bought without a plan.

Before you buy

A note is only as good as its file. Everything on a due diligence checklist for note buyers has to be done before you fund: the note, the recorded mortgage or deed of trust, the chain of ownership, the title, the value of the property and the borrower’s record of payments. You can pay an attorney, a title company and a local agent for much of it, and you still have to read what they send back and decide what it means for the price.

The quiet middle

Once a performing note is in your name, a loan servicer can do the routine work. A servicer is a company that collects the borrower’s payments, keeps the records, sends the statements the borrower is entitled to and passes the money to you, for a fee. Knowing what a loan servicer does for a note investor tells you where its job ends and yours begins. On a home loan made to a consumer there are rules on how the borrower must be treated, and handing collection to a professional servicer is the practical way to stay inside them.

What remains for you is modest:

  • Read the statement each month and confirm the payment arrived.
  • Check once or twice a year that the property taxes are paid.
  • Confirm the hazard insurance is in force and still names you.
  • Keep your records for tax time.

When a payment is missed

A late payment changes the workload, and what happens if the borrower stops paying a note you bought is mostly a run of decisions that land on you. The servicer will send notices and try to reach the borrower, but the choice between a payment plan, a change to the loan terms, a reduced payoff and a foreclosure belongs to the owner. Each has a cost, and several need an attorney in the state where the property sits.

You may also have to advance money to protect your position: unpaid property taxes, lapsed insurance, legal fees.

What makes one note more work than another

Whether the note is performing matters most. A non-performing note is a project from the first day, with no quiet middle until you create one. Equity comes next, because a borrower with a large stake in the property has more reason to keep paying and to fix a problem quickly. A long on-time payment history is good evidence that a note will stay quiet, though it promises nothing about next year.

Your own choices count as well. Collecting payments yourself saves the servicer’s fee and puts bookkeeping, borrower contact and compliance on your desk. Buying a partial, a set number of payments in place of the whole note, shortens the time you are exposed, though the same duties apply while you hold it.

Setting a note up to stay quiet

The habits that do most of it come from the investor guide: buy performing first liens with a verified history and clear equity, use a servicer from the start, keep a cash reserve large enough that a default is an inconvenience you can pay for, and have the name of an attorney in each state you buy in before you need one.

The criteria you set when you join the buyer list decide how much work arrives with each note. Asking only for performing first liens with a servicer already in place is the low-effort end of what you can request.

“Passive” also has a tax meaning that has nothing to do with effort, and how your note income is classified is a question for a CPA.

Related questions

Can a servicer handle a default for me?

A servicer can send notices, contact the borrower and keep the records. The choice between a payment plan, a modification, a payoff or a foreclosure belongs to the owner of the note, and foreclosure needs an attorney.

Is a note less work than a rental property?

While it performs, a note has no tenants and no repairs, so it asks less of you. In a default the work can be heavier and less familiar than a landlord's. The two are different kinds of effort.

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