Dan J. Harkey

Educator & Private Money Lending Consultant

Investors Find Good Yields with Private Money Trust Deed and Mortgage Investments

Investing in trust deeds and mortgage investments is popular because the yields are high compared to similar investments, considering the associated risks, management, and time consumption.

by Dan J. Harkey

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Summary

The investor’s name is affixed to the borrower’s promissory note, deed of trust, and title insurance policy; the investor serves as both the lender and the beneficiary. The documents represent clear evidence of ownership (or a security interest) in collateral property.

Investors hold a pivotal role in the mortgage investment process. Their responsibility is not just a task, but a crucial part of the entire process. It includes reviewing the material facts of the loan package, which encompasses the borrower's financial information, the property's appraisal, and the loan terms. The empowering nature of an investor's background in real estate, finance, and business experience instills confidence in their ability to assess the risk and potential return of an investment.

Investors work closely with a mortgage broker, who plays a crucial role in assembling a comprehensive credit package that includes all the necessary material facts and accurate disclosure documents. Their role is not only essential but also supportive, providing you with the guidance and reassurance needed. Investors are typically motivated by a yield, which is the return on their investment that equals or exceeds the rate of inflation. This means that the investor's investment should grow at a rate that outpaces the inflation rate. Yield is a crucial factor in assessing the potential return of an investment.

Several key factors, including the inflation rate, alternative investment rates, and the ease of management, influence it. The 'ease of management' factor refers to the broker/servicer actively collecting from the borrower and forwarding the payments to the lender/investor/beneficiary, which is essential for the investor's understanding. Once the loan has been funded, the investor's role becomes passive, meaning there is little day-to-day active management. However, it's crucial that you, as the investor, monitor the yield to ensure it meets your expectations. This responsibility allows you to maintain control over your investment.

Article:

Legal documents, such as the executed promissory note and the security instrument called the deed of trust, are not just pieces of paper. They are binding contracts between the borrower and private-party lenders, referred to as principals, not the broker. The broker is the investor's fiduciary, acting in their best interests and providing a solid sense of security and reassurance.

After the loan closing, the investors or their loan servicing agents will retain the executed documents for safe storage and as evidence of the investment. This is crucial as it provides a record of the loan agreement and can be used as evidence in case of any disputes or legal issues, such as a borrower defaulting on the loan or a disagreement over the loan terms.

The investor will place their trust in the agent, often a broker, who has a fiduciary responsibility to protect their interests. This trust is not just a formality, but the cornerstone of the lending process. It ensures that all parties understand the terms and conditions of the loan, giving the investor a profound sense of financial security and confidence. Trust is not just a word, but a powerful tool that ensures the smooth functioning of the lending process and peace of mind.