Module 1 · Note Basics

Real Estate Mortgage Notes: A Complete Guide to Investing

What mortgage notes are, how to find and price them, how to handle nonperforming notes, and how to create a note from your own rental.

14 min read · Lesson 1.12

When most people plan to invest in real estate, they picture buying a property and either sprucing it up to raise its value or renting it as-is. Those approaches can generate income, offer tax benefits and grow your wealth and equity. But they aren’t the only ways to invest in real estate. Another is mortgage note investing, also called real estate note investing.

What a mortgage note is and how note investing works

When you buy a property and can’t pay the full price at closing, you go to a lender for a loan. In exchange, you sign a promissory note and mortgage documents. The note describes the loan and your obligation to repay it: how much you borrowed, from whom, the payment schedule and the other terms you agreed. The mortgage makes the property collateral, so if you fail to honor the note, the lender has a legal right to the property.

Note investing happens when a lender sells a mortgage note to an investor. The investor then collects the loan payments and interest from the borrower. In other words, when you invest in notes, you buy debt and become the new lender.

Notes fall into two broad categories:

  • Performing notes: the borrower is making payments on time. Lenders rarely sell these, but sometimes they do. Your main focus is the income from payments and interest.
  • Nonperforming notes: the borrower has stopped paying, which often leads the lender to sell. There’s a real risk of losing your investment, but that risk is also the basis for negotiating a good discount.

Nonperforming notes may not seem like a worthwhile investment, since the borrower isn’t paying anymore. They carry a high risk of default, and that’s bad for cash flow.

But investors often use these notes to acquire real estate at a discount. Once the borrower defaults, the investor can take possession of the property and create a long-term rental, fix and flip the house, or simply sell it. There are significant risks to using mortgage notes this way, but if you’re smart about your strategy, it can pay off.

Investors can also modify the terms of the mortgage. If you buy a nonperforming note, you might lower the balance, reduce the interest rate, decrease the monthly payment, or otherwise help the borrower make good on the loan. Bought at a discount, this can produce very high yields.

Over the decade before this was written (2020), the cost of nonperforming notes rose, but they could still be bought at 20% to 40% off the current market value or loan balance.

Where to find mortgage notes to buy

Banks create and sell mortgage notes as part of their business model. They make their money from lending and collecting interest. The more they lend, the more they make.

Banks have to keep a certain amount of money in reserve in order to lend. This is called the reserve ratio. If a bank has low liquidity, it may sell some of its loans in a “pool,” a group or package of mortgage notes. Other banks, hedge funds and private individuals can buy these pools.

Hedge funds and banks are the largest buyers of notes direct from banks, because you typically need millions of dollars to buy in bulk. That makes it difficult, though not impossible, for individual investors to buy directly from banks.

Individuals who created a private mortgage note may also want to sell, simply to have cash now. Maybe they’re facing a hardship and need the money today rather than waiting out the remaining term of the note.

You can find private sellers of mortgage notes on online note marketplaces such as Notes Direct or Paperstac. You can also buy a list of private noteholders from a list company such as ListSource, then send them a series of letters or postcards, or reach them another way, to see if they’re interested in selling.

Banks and individual sellers who need cash will sell at a markdown. When you buy at a discount, your rate of return is higher than the note’s stated interest rate.

How notes are priced

Performing notes are typically more expensive. You can buy them at a discount, but it’s usually only a slight discount from the remaining balance. Nonperforming notes often sell at steep discounts from the balance owed or the value of the property, whichever is less.

Pricing is also higher on first-lien notes than on junior liens. The more secure the position, the higher the price. Let’s look at a few examples to see how this works.

Whatever the price, the best way to judge a note is to evaluate the property that secures it. You’re buying the paperwork tied to the property, so always make sure the collateral is a quality asset.

Buying a performing mortgage note

Say you find a private mortgage note that the seller needs to get rid of. The note is secured by a mortgage on a single-family home. The property originally sold for $150,000 and the borrower put down $15,000, so the original loan was $135,000. It’s a 5% fixed-rate, 30-year loan, and the borrower’s monthly payment is $724.71.

The borrower has been paying for seven years and is current. When you evaluate the note, the unpaid balance is $118,725.68, with 276 months (23 years) left.

Worked example: pricing a performing note for a 10% yield

ItemAmount
Original sale price$150,000
Down payment$15,000
Original loan (5%, 30 years)$135,000
Monthly payment$724.71
Unpaid balance after 7 years$118,725.68
Months remaining276
Your offer for a 10% yield$78,162
Discount from unpaid balance$40,563 (34%)

You decide you’ll only buy this note if you can earn a 10% yield to maturity, so you offer $78,162. That’s $40,563 less than the unpaid balance, a 34% discount to the face value of the note.

To earn 10% on a 5% note, you pay about 66 cents on the dollar.

This may look like a big loss for the seller, but the seller gets $78,162 immediately and has already collected $60,875 in principal and interest. Taking the cash now essentially means collecting $146.97 less per month from the borrower’s payment over the remaining 23 years.

If the seller needs the cash, they may accept. You then earn a 10% internal rate of return (IRR) and a passive $724.71 a month, provided the note keeps performing for the remaining 23 years.

Buying a nonperforming mortgage note

Now a different example. A hedge fund finds a bank with a low reserve ratio and a high share of non-accrual loans (180+ days past due). The bank sells a pool of nonperforming loans to the hedge fund. The fund keeps the notes that meet its criteria and decides to sell the ones that don’t fit its investment model.

The hedge fund sends you a list of nonperforming loans for sale, and you look through it to decide which assets you want.

One note catches your eye: the borrower hasn’t made a payment in over two years. The unpaid balance is $128,934, with 214 payments remaining. It’s secured by a nice single-family home in Georgia that you believe is worth $140,000 as-is. The original note was 5.5% for 360 months (a 30-year loan), with a monthly payment of $794.90. Because it’s nonperforming, you pick it up at a steep discount: 58% of the unpaid balance, or $74,781.

Getting the borrower paying again

Now that you own the note, you can reach out to the homeowner and find out why they stopped paying. If they want to keep the property, you can work out a plan to get them paying again.

Because of the discounted price, you have flexibility in the terms. You could lower the interest rate, extend the repayment period to lower the payment, re-amortize the loan, decrease the balance, or offer other conditions to make the home more affordable. If you simply get the borrowers paying their $794.90 again without changing any terms, you’d earn a 10.92% yield to maturity.

You could raise the overall yield further by adjusting the terms: increasing the interest rate, re-amortizing, or shortening the loan to meet your target return.

Often these adjustments are temporary. A borrower might pay you a lump sum up front to show good faith, then pay a lower amount each month until they get back on their feet. You’ll meet many different situations with nonperforming notes, and you have to assess each one on its own.

Deed in lieu and foreclosure

If the borrower doesn’t want to keep the home or can’t pay, there are other options. You can work out a deal where the homeowner signs the deed over to you and you release the mortgage and their obligation to pay the debt. This is called a deed in lieu of foreclosure. It’s not always the best solution, but it’s an option for many lenders and homeowners.

If they aren’t interested in either option, you can start foreclosure. Foreclosure cost, length and procedure vary from state to state, so know the relevant state laws before you buy a note. After you foreclose, the home goes to public auction. If an investor buys it at auction, you get paid. If it doesn’t sell, you go on the title and own the real estate.

Once you have title to the property, you can:

  • Sell it as-is, like an REO sale
  • Fix it up and sell it
  • Keep it as a rental (you may have to do repairs)
  • Sell it by creating a new mortgage note

The risks

This active strategy has real risks. The borrower could trash the home before leaving. They could contest the foreclosure and cause delays and legal expenses. They could even file bankruptcy, which can halt your collection efforts completely.

It can also be hard to tell in advance how profitable a note will be, because many factors affect how the investment turns out.

Nonperforming notes can create passive income once you turn them into performing notes, and they can be a way to gain title to real estate at a discount. But they can also be very risky.

Creating a mortgage note from your own real estate

When I first started investing, a wealthier and more experienced colleague told me to buy real estate, rent it, and create a note when I’m ready to retire. It’s great advice.

With this method you get the tax benefits of owning real estate, the cash flow of a rental and the appreciation of the property. Then, when you’re ready to sell, you create a seller-financed note: you hold the mortgage and receive passive income in the form of a principal and interest payment.

Another benefit is that you spread the capital gains tax over the life of the loan rather than paying it all in one tax year. From a tax perspective, it’s one of the best moves you can make once a property’s depreciation schedule runs out.

An example

Say you’ve owned a single-family rental for 30 years. You had a mortgage on it, but using the extra cash flow from the rental, you paid off the 30-year loan in just 15 years. You now own the property free and clear. It performs well, but its depreciation has run out. You’d rather buy a new rental to get fresh deductions, but if you sell, you’ll owe capital gains tax. So instead, you create a mortgage note.

You list the property at $200,000 and offer owner financing. A couple wants to buy at your full asking price and has $30,000 to put down. Their credit is good, but they can’t get traditional financing because they’re self-employed. You offer a 20-year fixed-rate mortgage at 6.5%.

ItemAmount
Sale price$200,000
Down payment$30,000
Note you hold (6.5%, 20 years)$170,000
Monthly payment to you$1,267.47
Total interest over 20 years$134,194.71

You now collect $1,267.47 every month, with no responsibility for maintaining the home or paying its taxes or insurance. The new homeowner does that. And because you collect interest, you don’t just get your $170,000 back: you also earn an additional $134,194.71 in interest over the 20 years.

Compliance and risk

To stay compliant with the Dodd-Frank Act, it’s best to use a licensed mortgage loan originator (MLO) to underwrite and create your note. Originators charge modest fees. They prepare the loan paperwork and confirm that the buyer qualifies and can afford the home.

There’s always a risk that the borrower stops paying, which turns this from a passive strategy into a very active one. You’ll have a lot of work to do to get them paying again or resolve the situation another way. That’s especially true if you lend to someone who can’t get bank financing because of financial problems. Weigh this risk before deciding whether creating a note is right for you.

The costs of owning a mortgage note

Expenses are fairly low with mortgage notes, especially compared with rental property.

Most noteholders hire a third-party servicing company to handle the loan. The servicer keeps the payment history, collects payments on your behalf, sends the borrower balances and statements, and separates the interest and principal in each payment.

You can service a loan yourself, but the industry is heavily regulated. To reduce your risk, it’s worth paying the monthly fee, which ran about $20 to $40 at the time of writing (2020). The servicer can deduct the fee from the borrower’s payment, which makes it even easier.

Nonperforming loans cost more. There are legal fees to regain title, plus the cost of securing and maintaining the property. The borrowers may also have stopped paying taxes or insurance for months or years, and those payments become the noteholder’s responsibility.

Experienced note buyers build these costs into their offer price and know how much they expect to spend.

Key takeaways

  • Discounts raise your yield above the note rate
  • Buying a note makes you the lender
  • Nonperforming notes can be restructured or foreclosed
  • Seller financing spreads out capital gains tax
  • Always evaluate the property behind the note

Try it yourself

A seller-financed note has an unpaid balance of $118,725.68. You pay $78,162 for it. How much is the discount in dollars and as a percentage?

Show answer

About $40,563 less than the balance, a discount of roughly 34%.

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