Dan J. Harkey

Educator & Private Money Lending Consultant

Private Money Credit Approvals

Is An Industry Standards Process

by Dan J. Harkey

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Article Summary

Best Practices and Regulatory Requirements Play A Role

Summary:

Understanding the credit approval process is not just a formality but a crucial step that empowers you to make informed decisions in the real estate industry. It's the outcome of the credit process, followed by evaluating a borrower's creditworthiness. This understanding gives you the power to navigate the real estate market confidently, knowing that you are in control of your decisions.

How many agents and borrowers assume that a private money real estate loan is just a matter of having equity in the property rather than credit?...

That is not quite the case.  The private money/hard money lending industry is highly regulated and has a professional best practices overlay.

Private lenders are not just another market player; they are vital and integral, playing a crucial role in the real estate industry. Their contribution is significant and should be acknowledged. Private lenders provide an alternative funding source, especially for borrowers who may not meet the strict criteria of institutional lenders. Without their support, the real estate industry would not be as robust as it is.

Article:

The five Cs significantly influence potential borrowers' creditworthiness: character, capacity, capital, collateral, and conditions. These core components are crucial and form the foundation of the decision-making process for real estate loans, particularly in private money credit decisions. Understanding and knowing about these Cs is not just vital; it's empowering. It gives anyone involved in real estate loans a deeper understanding of the process and the confidence to make informed decisions.

The five Cs of credit risk analysis identify each borrower's and collateral property's strengths and weaknesses. The two industries, institutional and private money, weigh each factor differently in making a final decision.

The five Cs of the credit risk analysis system is like a sliding scale, meaning one or more of the core components take on greater or lesser importance in the overall credit decision. Private money credit decisions focus on collateral, capital, conditions, character, and capacity to a lesser degree. Banks and institutional lenders concentrate on character, capacity, collateral, and, to a lesser degree, capital and conditions. Each factor is crucial in determining a borrower's creditworthiness and the risk associated with the loan.

Character- Is the borrower likely to uphold their obligation to make timely payments per the loan agreement, irrespective of unforeseen future events? A credit report and background search will reflect the borrower's payment history.

Capacity measures the borrower's financial ability to repay the loan. Sometimes, a debt-to-income (DTI) ratio applies, which, in many cases, may improve by distributing the net proceeds of a loan to pay off debts.

Capital refers to the amount of money invested in the property to protect the loan in the event of default—the more protective equity in real estate loan transactions, the safer the loans.

Collateral refers to the security property to be encumbered. If a borrower defaults on the loan, the lender will look to the protective equity in the collateral from the foreclosed property to recapture the principal and costs upon resale of the asset. Protective equity is the difference between the property's market value and the loan balance. In simpler terms, the cushion protects the lender's investment. The more protective equity, the safer the loan. In other words, the more the property is worth compared to the loan amount, the safer the loan is for the lender.

Conditions refer to the general conditions relating to the loan, such as length of employment, terms, and interest rate, and how the borrower may use the loan proceeds to improve their financial circumstances. Conditions also include considerations outside the borrower's control, such as government intervention in real estate ownership, recently passed and pending legislative changes (e.g., changes in tax laws or zoning regulations), the state of the economy, and industry trends. Understanding these Conditions is crucial for making informed private money credit decisions.

Conditions also include considerations outside the borrower's control, such as government intervention in real estate ownership, recently passed and pending legislative changes, the state of the economy, and industry trends. For instance, a sudden increase in interest rates due to a change in the Federal Reserve's policy can significantly impact the borrower's ability to repay the loan.

As to the fifth C—Conditions, assume a borrower's request does reflect all acceptable criteria for the four Cs. Consider that the property is a small commercial building in a San Francisco, CA, neighborhood with 60% vacancy. The declining nature of the area and other neighborhood conditions may prevent any loans from being made.

Understanding and addressing these issues is not just a matter of knowledge but a responsibility for maintaining a healthy real estate market. Government policies can significantly impact the real estate market. For instance, when policies create an environment that encourages criminal activities and discourages business growth, it can lead to a negative feedback loop. This cycle perpetuates criminal activities, leading to financial losses, business closures, and a significant decline in the city's economy. The impact is not just on paper; it's felt in the lives of residents and the city's overall well-being.

Encourage visitors to come and spend money, which encourages businesses to open and flourish; continuously intrude to destroy and inflict pain on operational successes; pass onerous laws penalize any successes of operating companies; promote parasitic activities of crime and legalized theft; prevent the companies from protecting themselves from violence and robbery; Threaten business owners that if they try to protect their business enterprise that may be sued for discrimination; profits diminish-disappear-financial losses become excessive; business owners are decimated and close their doors; vacancy, vagrancy, and crime in retail increases; neighborhoods fall into blighted conditions, invited vagrancy, homelessness, drug infested, with high vacancy; No new businesses would be foolish enough to fall into this trap of progressive-governed (Marxist-leaning) existence; paying customers and visitors disappear leaving a trail of bewilderment. How could this happen? The fools voted for this and are getting it hard and irreversibly.

In primarily progressive-governed (Marxist-leaning) cities across America, flash mobs (gangs of criminals) aged 15 to 30 routinely engage in smash-and-grab robberies, stealing everything in sight without worrying about bothersome police intervention. These flash mobs, often organized through social media, can quickly overwhelm a business, causing significant financial losses and emotional distress for the owners and employees. The business owners and employees are told to stand down and do nothing; otherwise, they could be sued for discrimination. The criminals feel empowered and entitled. They couldn't care less about destroying someone else's property and lives, which, of course, is entitlement conscientiousness. I can take whatever I want to hell with everyone else. The negative feedback loop occurs similarly to what is happening in San Francisco, CA.

The above five C-Conditions are essential for underwriting and approving any real estate loan, including private money. It's crucial to remember that ideologically progressive laws and regulations can cause values to plummet, and this awareness can help make more informed decisions. Being well-informed about the Conditions can prepare you to navigate the potential impacts of ideological and legislative factors on private money credit decisions. For instance, a sudden increase in interest rates due to a change in the Federal Reserve's policy can significantly impact the borrower's ability to repay the loan, and the prevailing ideological factors could influence this.

Private money lenders are not just players in the real estate market but also vital contributors. They offer unique benefits and opportunities that bring optimism and hope to the industry. Their presence and contributions are significant and essential. They bring a fresh perspective and innovative solutions to the table, fostering optimism and hope for the future of the real estate market. Private money lenders are not just alternative funding sources but critical players in the real estate ecosystem, providing crucial support and driving innovation.