06.06.2009

Trust Deed Investing Overview

After the stock market went into a tailspin last year a lot of money went into hiding in money market accounts and other cash equivalents. Why not? An annual yield of 1% is better than devastating loses, already at 40% or more. While the stock market has come back quite a bit from its March lows it is still extremely volatile and economic recovery uncertain. So what to do with all that cash sitting around earning next to nothing? Trust deed investments offer a highly secure alternative to the traditional menu of stocks, bonds, and mutual funds while providing returns far greater than money market or savings accounts.

A trust deed is essentially a mortgage. (The actual differences between the two I will leave for a later post, but for this discussion they are really negligible.) Investing in trust deeds means you are lending money against a piece of real estate – a mortgage in standard terms, but a private mortgage. You, or the mortgage investment sponsor, set the terms of the loan, and get paid regular interest at the rate agreed upon. When the loan term is up you get your capital back and can do it all over again. Most private mortgages pay you a much higher interest rate than the rate on a traditional bank loan; generally 10% or more in today’s market.

All investments entail a certain degree of risk, but a trust deed investment provides a level of security most other commonly available investments cannot: they are backed by tangible assets – equity in real estate. I know, you’re thinking “that didn’t seem to help the big banks much.” I said the security is equity in real estate. The big banks were lending 80%, 90%, sometimes 110% of the value of the property. Not much equity there. A key to successful trust deed investing is always making sure there is significant protective equity in the collateral property so if the worst case scenario occurs there is plenty of cushion and you can feel confident that you will get your capital back. If necessary you can even use more than one property owned by a borrower to backstop a single loan. These are often called a blanket loans.

Trust deed investments are available to everyone, not just the rich and famous. One of the best ways to invest is with your retirement funds, through a self-directed IRA. It’s a little known fact that you can invest your IRA in almost anything you want, not just the mutual fund pushed by the big brokerage houses. Imagine if you could consistently earn just a 10% compound annual return while paying no taxes on the earnings. A $100,000 dollar investment of this type over the last 10 years would have delivered almost 17x the return of the same investment in the S&P 500, with much less volatility!

Security, consistency, and great returns: if you follow the right formula with trust deed investments the recent mortgage crisis may be just the opportunity you’ve been waiting for.


Trust Deed Returns Over 10 Years
A $100,000 dollar investment over the last 10 years would have delivered 17x the return of the S&P 500.

This is the first in a series of discussions on Trust Deed Investing. In subsequent articles we will discuss how mortgage investments compare to other common investment vehicles, how to find investments, how they are structured, and what to watch out for.

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Posted by Rob Purnell in Investments | | Permalink | Comments (3)

3 Responses to “Trust Deed Investing Overview”
  1. on 04 Sep 2009 at 9:56 amLea Krasts

    We are looking for trust deeds to invest in. If you have anything avaiable, please contact us at the above E-mail or .

    Thank you,
    Lea

  2. on 19 Sep 2009 at 10:09 amMichael Malik

    If you have ever considered lending money secured by real estate to get a higher return, then you will want to know about the 8 risk factors of trust deed investing. These are the real risks that you will face as a private lender, for which I have also included some brief tips on how to mitigate these risks.
    First, there is a chance that you could lose the entire amount you have invested and you could need additional funds beyond what you’ve already invested. It is true that if your borrower stops paying, you may need to come up with additional funds to foreclose (usually by hiring an attorney to do it on your behalf) and to maintain or protect the property. If you fail to do this, there is a chance that you could lose your entire investment. That is why it is critically important to know your borrower and have additional resources beyond what you have invested in the event that you need to protect your initial investment.
    Second, it may be difficult to determine the true value of the property. It is much easier to lend $70,000 against a property that you know beyond any doubt is worth $100,000, but what do you do when it is hard to determine the value of a property? Make sure you feel comfortable and confident in the value of the property you are lending against because if the lender does not pay, you might end up getting the property and have to sell it.
    Third, you may need to foreclose. Foreclosing can take time and as I mentioned above, it can also cost you additional money at a time when you’re likely not receiving payments on the loan to begin with. I strongly encourage you to hire an attorney to complete this process for you, but there is definitely an expense to that. Provided you know that your loan is at a very low value compared to the value of the property you are foreclosing on, you can expect to foreclose and recoup your initial principal, back interest, as well as legal fees and occasionally even more.
    Fourth, there is a danger for junior lien holders. If you are the second lender (or later) lender on a property, you do need to be concerned with liens senior to you. If they are not being paid, you will need to protect their interest in the property to maintain your security position. Often this means making up back payments so that you can start the foreclosure process. It can, depending on the senior lien, require you to pay off the entire senior lien. To protect yourself, make sure you thoroughly understand the risks of being a junior lien holder or only invest in deals where you are in first position.
    Fifth, there is a lack of liquidity with trust deed investing. While strides have been made to create a secondary market for selling trust deeds and notes, these types of investments are still considered very illiquid investments. This means that you must be prepared to invest for the long term and must be prepared to accept the fact that there
    is likely no willing buyer to take over your position if you need to get out early. Some borrowers may have the resources to help replace you as a lender, but this lack of liquidity is best considered before you invest.
    Sixth, bankruptcy by the borrower could delay and discount your investment. Since a bankruptcy will often stop a borrower from making required payments and stall foreclosure proceedings, you could be left waiting for a bankruptcy ruling with no income from the note. Knowing your borrower and their ability to repay the loan will reduce, but not completely eliminate this risk.
    Seventh, not having hazard insurance could open you up to the risk of fire and other catastrophe. Making sure your borrower has purchased adequate insurance on the property and named you as additional insured as lender can help offset this risk.
    Eighth, there may be a conflict of interest since the borrower or owner of the trust deed may also be presenting the investment opportunity to you. Just like in any transaction, it is important to realize who is an independent third party and who is not independent and is involved in the transaction.
    In conclusion, even with these 8 risk factors–many of which are similar to those of other investments–the high fixed rate of return of trust deeds and the fact that they are secured against real property make them extremely attractive investment alternatives.

  3. on 20 Sep 2009 at 2:47 pmRob Purnell

    Michael

    It is true that, as with any investment, there are risks associated with trust deed investing, and we will be discussing these risks in depth in future posts. As you also pointed out, there are ways of mitigating each of every one of these risks. Of course the risks will never be zero, which is why the returns enjoyed by trust deed investors are significantly higher than for T-bills, money markets, or other current income investments. The risk-adjusted returns on trust deed investments – if done properly and with the advice of professionals – are still among the best and most secure available today.

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