Module 4 · Pricing & Negotiation

What to Do When Your Quote Isn’t Accepted

A “10 for 12” payment program gives note holders a yearly lump sum when they won’t sell, and keeps the deal alive for the broker.

By Tom Hennigan · 5 min read · Lesson 4.17

Not every note holder wants to sell. Some won’t accept your quote at any price that makes sense. This lesson, from a note servicing company, shows one way to keep the relationship and still earn something: buy a year of payments at a time instead of the whole note.

How a servicing company found the niche

We started in 1985 as Escrow Services of Louisiana, mainly servicing bond for deed contracts, which is Louisiana’s term for contracts for deed. Louisiana law requires an escrow agent for those contracts. Since that’s a form of seller financing, we eventually began servicing notes, mortgages and other seller-financed instruments, and in time took on servicing agreements for privately held notes from Texas to Pennsylvania.

Being in the servicing business, we found that many of the note holders we serviced weren’t interested in selling their paper. But many were interested in borrowing money against it from time to time.

The 10 for 12 program

So we started what we call a “10 for 12” program. The note holder assigns 12 months of payments to us, and we pay them once a year, in advance, an amount equal to 10 payments.

Many note holders like getting a $5,000 check once a year rather than a $500 check once a month. It lets them pay school tuition, taxes or whatever else they need the money for. And it has certainly simplified our servicing.

Real estate agents like it too. When they sell a property with seller financing, we can provide funding right at the closing table by buying the first year of payments. That money can pay part or all of the seller’s closing costs, which makes the closing go a lot smoother.

How the broker gets paid every year

We pay note brokers, real estate agents and others who bring us notes for the program 4% of the amount we fund.

I spent 10 years in the life insurance business and borrowed an idea from it. Every time a client renews a policy, the agent gets a “renewal,” a percentage of the premium. I kept getting renewals even after I left the field. So we set up the brokers’ referral fee on the same formula: we pay the broker every year that we buy the note payments.

Worked example: a $65,000 note in the 10 for 12 program

A broker brings us a mortgage with a $65,000 balance at 9% interest, paying $585 a month in principal and interest for 20 years. We pay the note holder 10 times the monthly payment for the right to the next 12 payments, every year, in advance, until he tells us to stop.

ItemPer yearOver 20 years
Paid to note holder (10 × $585)$5,850$117,000
Broker’s 4% referral fee$234$4,680

The broker earns $234 every year the note stays in the program.

The note holder gets some principal and some advance interest each year. He still owns the note, so he can stop at any time. The surprising thing is that no one has ever told us to stop sending the check.

For the broker, $4,680 over 20 years is probably more than the commission from simply brokering the note, and it’s dependable income.

Why it helps when the seller says no

This income comes on top of whatever the broker earns brokering other notes. The program works best when the note holder doesn’t want to sell, or won’t accept the broker’s quote, but would welcome a sizable check every year while keeping the note.

There’s another advantage. When we pay the first year in advance and do the servicing, the note gets seasoned and builds a verifiable payment history. That raises its market value, so if the broker later wants to sell it, he’s selling a more valuable note at a higher price.

It costs the broker and the note holder nothing; the servicing company pays the cost of assigning the payments. We do ask the broker to complete the due diligence as on any note. The broker gets his first check when we make our first payment.

Key takeaways

  • Not every holder wants to sell
  • Buy a year of payments instead
  • Servicing seasons the note
  • Due diligence still applies

Try it yourself

Under a 10 for 12 program, a note pays $420 a month. What does the holder receive each year, and what is a 4% referral fee on it?

Show answer

$4,200 a year (10 × $420), and the 4% referral fee is $168 a year.

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