Realty411 Magazine Featuring Tom Wilson | Page 71

Deeds of Trust A Not so New STRATEGY INVESTING M any people ask why they have never heard of Deeds of Trust or Trust Deed investing. Is this concept “New”? Not at all. I can remember my neighbor telling a story of how farmers in his home town who were unable to obtain a bank loan to purchase additional farm land would approach an- other farmer in the community to lend them the money. A contract would be drawn up and filed with the county recorder office. A third party would act as the es- crow holder until ownership title to the property is released to the borrower upon satisfaction of the debt. This was a common way to develop and construct in areas that were insufficiently serviced Realty411Guide.com by traditional banks. Due to the rise of real estate securitization in the 1990s and the shift from “lend to hold” to “lend to securitize”, deeds of trust have become a common way for builders and developers to purchase real estate. Besides purchases, deeds of trust can also be used for loans made for other kinds of purposes, such as construction and develop- ment, where real estate is merely offered as collateral. Non-tradi- tional or indirect financing offers benefits for the borrower that is not met through traditional bank financing. Banks are limited in the amount of money, or the percentage of their lending portfolio, that can be lent out for commercial construc- tion and development. Also, banks rely heavily on the creditwor- thiness of the borrower when evaluating loan requests. Trust Deed lenders effectively evaluate the borrower but focus on the collateral has a greater determining factor for a loan. Since these loans tend to be short-term, less than 5 years, higher rates can be charged and still be advantageous for the borrower when compared to the lengthy process involved to obtain bank financing, if a viable alternative. Another primary reason for not hearing about Deeds of Trust investing has to do with geography and how home financing is executed. In 20 of the U.S. states the laws regarding financing of real estate purchased is regulated and facilitated under state agen- cies. These states use Deeds of Trust instead of traditional mortgage notes to execute home purchase transactions. In states that use deeds of trust, there are always at least three parties involved; the borrow- er, the lender, and a trustee who holds title to the property until the debt is paid. In the remaining states mortgages are used to facilitate residential lending direct from the lender to borrower. In mortgage states, the transaction involves two parties; the borrower and the lender. Should the borrower default on the loan, the lender must sue the borrower in a state court in order to take possession of the collateral property. The term, Mortgage, is sometimes used when trying to explain Trust Deeds. However, the concept behind a mortgage and a trust deed are similar with some major differences. > PAGE 71 • 2016 Private Money411 Approach to