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Get Past the Bad Stuff

Do you ever reflect on the decisions you have made that have gotten you to where you are today? In particular, business or career decisions ?

I have been thinking about this a lot recently. I’d like to share a story that explains why.

Last month, I had lunch in the Los Angeles area with some folks that are the biggest institutional buyers of owner carry back notes. Very nice people with interesting backgrounds and engaging personalities. They shared where they grew up, colleges they attended, and how they navigated their way into the note buying business.

I was asked how I found the note business. I gave them the short answer and will try to do the same here( forgive me if I fail!) In early 2002, I was let go – downsized, fired, etc. – from a long career in the insurance industry. The last few years in particular had been successful financially, but the changing corporate culture made me very unhappy and disillusioned. I decided immediately to take some time off and then never work for someone else again. I would be in business for myself.

Over the next 5 years or so, I plowed through most of the money I had accumulated in the prior 30 years by making a few bad decisions and not cutting my losses soon enough. Very painful. Lot of sleepless nights. I kept telling myself “this is what you wanted – suck it up, figure it out.” I kept looking for something else to get excited about, something I could see myself enjoying for years to come that would be totally dependent on me. Looking back, it’s interesting how “things” come to you when you are looking or open minded.,

I was watching TV late one night and this infomercial came on. It was a guy named Russ Dalbey, sitting by a pool overlooking the Pacific Ocean in Malibu, California. He was talking about this business – the note business – that was simple and easy, anyone could do it, he said. I was intrigued and requested a booklet he was offering for $30 or $40. Reading the booklet, I remained intrigued. I liked the simplicity of the business he was promoting. I was also smart enough to sift through the sales pitch and schmaltz to understand that this business may be simple, but like any business, it would not be as easy as he was suggesting.

In 2007, I found myself in a meeting room in Colorado with over 100 people, each of us paying about $7000 to spend three days there. We were here to learn about this business most of us did not know even existed – brokering and buying owner carry back notes secured by real estate.

As the program evolved over the three days, I became uncomfortable with certain aspects. First, most of the “presenters” were pretty young – 20’s and 30’s. So, how much business experience do these folks really have? Second, people took the stage applauding the fact that they were successful in the note business and were using the tools Dalbey had provided. Third, each of us was given a list of 200 names and phone numbers of people who had sold a property and taken back a note. Dalbey had a bullpen setup of phones, where a bunch of us could go in there for a few hours, and script in hand, call these people and try to get enough information to give them a “quote” for their note. Having started in the life insurance business many years earlier by cold calling prospects on the phone and in person, I found this approach very unprofessional and hated it with a passion.

On the last day, the group was offered the following incentive – if any of us brokered 10 notes in the 12 months following, and could document the fact, the $7000 we paid would be refunded.

As I talked to other attendees, I asked if they were going to do this business. Everyone I spoke to said “No.” Why? They didn’t like what they were hearing. They thought there was too much bull___t. They hated making cold calls. They didn’t know if it was a real business. On and on and on.

I decided the following – I found the business I was looking for!

I saw all the negatives. I agreed with most of what these attendees were saying. But the bottom line for me was I saw a great business opportunity. I pushed aside all the bad stuff and got myself to the core – finding a note holder who wanted to sell and helping him get the cash he wanted. I liked the idea of helping people, one on one.

Simple! But hard!

As always in business, it comes down to marketing, finding your niche, and allowing people to find you and trust you. When I got home, I took several months to form an LLC, get stationery, put together a marketing plan, etc.

2008 was my first full calendar year in the note business. Remember what was happening in 2008? The home I was living in at the time had dropped almost 50% in value. I was talking to note sellers whose buyers had horrible credit, whose note terms made it too easy for their buyer to walk away if necessary, and whose property had no or negative equity. Their note was not marketable. Plus, some of the biggest institutional note buyers either stopped buying notes or went out of business because of their aggressive pricing during the housing boom. The industry was in the doldrums.

This was my business opportunity? What the hell was I thinking? Didn’t I see any of this coming? Am I an idiot?

It was as if I was oblivious to market conditions and simply fell in love with my own business model.

Fortunate for me, I met some great people in the industry who had been around much longer than I had. They were suffering, but adjusting to the market conditions. I learned from them. And, we all survived and prepared for the time when the market would come back and we could have fun again. That time is now. The first 6 months of 2015 beat any full year of business results since 2008.

Back to Russ Dalbey. In the June 2015 edition of The Paper Source, David Frankel, a Federal Trade Commission staff attorney who led the agency’s efforts against Dalbey for his business practices was quoted as follows: “Over about 15 years, approximately 949,000 customers purchased Mr. Dalbey’s courses. Only 296 people are documented to have made a penny or more using the system, and only 129 people made more brokering notes than they spent on the courses.

Dalbey was shut down by the FTC and a federal court, fined $330 million and forever banned from telemarketing, selling business opportunities and producing and distributing infomercials.”

Looks like I am one of the 129 people mentioned in the report. And, by the way, my $7000 investment? I got it back along with a great career. Who knew?

Odd Cash Flows

Any buyer of an owner carry back note is in the “cash flow business.” He is buying the monthly payment due under the note. He is not buying the property. He is not buying brick and mortar. He is buying paper. The “debt” – the note – is secured by a Trust Deed, so that if the buyer stops performing and does not make the monthly payment, the note buyer can take back the property. This is the basics of our business.

So, what is an Odd Cash Flow?

Here are some examples:

1. Personal Injury Settlement

2. Medical Malpractice Settlement

3. Wrongful Death Lawsuit

4. Sexual Harassment Lawsuit

5. Wrongful Termination Lawsuit

6. State Lottery Winnings

7. Disability Income Payments

What do these situations have in common? A person has been wronged or won a lot of money. The “payor” of these monies  is an insurance company, large corporation or a public entity. They are usually stable and have hundreds of millions or billions in assets. So, the recipient has a large degree of certainty that the money awarded will in fact be paid.

Sometimes these settlements involve large sums of money. Many times the final arrangement may involve periodic payments received over time rather than a lump sum. As time passes, the recipient may become unhappy with the pay schedule or may develop a pressing need for cash, for whatever reason.

What to do?

Sometimes, the company making the payments will allow their structured pay out schedule to be interrupted with a lump sum or series of lump sum payments. And, in the the note business, there are a few folks who have carved out a niche by specializing in this very thing – working with settlement payors, buying a stream of these payments, and providing the cash the recipient seeks.

I bring this up simply for you to become aware that such a thing exists. If you, a family member, or a friend ever have to deal with this type of event, you know that an option exists.

 

 

 

Our Industry is Healthy – Keep it This Way

In recent Newsletters I have talked about how much fun our business is right now. Activity is up, more notes are being created, more notes are being sold, sellers are getting the cash they want, and brokers/buyers are finding quality notes to add to their portfolios.
However, in my conversations with note sellers, I am alarmed by the fact that many of them are not aware of the new rules governing seller carry back transactions. Some of these sellers are operating in a vacuum, unaware that the old days of the Wild, Wild West have a new sheriff in town – the Consumer Financial Protection Bureau ( CFPB). As a direct result of the mortgage meltdown, new rules governing behavior by major lenders has trickled down to you and me – Big Brother is looking over our shoulder.

More importantly, as is typical of government, there is a huge misunderstanding of exactly what a seller carry back transaction is and isn’t. Simply, the government believes it to be a loan, and thus lumps our transactions in with those of major lending institutions. We know our transactions are not loans – they are installment sales.

You need to know that threats to the health of our industry exist, and that your ability to sell a property and carry back a note could be in jeopardy. You also need to know that a small group of folks are working on your behalf – and mine – to allow our little niche in the real estate market to operate and thrive and play its proper role in helping people buy properties. These folks meet with and attempt to educate the C.F.P.B about our business practices and how they differ from banks and lending institutions. They need our support.

 

May I ask you to take a few minutes and do the following:

 

1. Visit www.SaveSellerFinancing.Org

2. Read the White Paper for a better understanding

3. Sign the petition to save seller financing

4. Donate

I have signed the petition and make an annual contribution. If you work in our industry, hope you will consider doing the same.

“The only people who never tumble are those who never mount the high wire.”…… Oprah Winfrey.

 Spring Fever 

Here are some recent housing updates:

1. Foreclosures down 67% in February from the peak in 2010. 1.4% of all homes with a mortgage are in the foreclosure inventory as of February 2015……CoreLogic. 

2. Home builders are positive. The National Association of Home Builders Housing Market Index rose 4 points to 56 in March. The index measures builder confidence and readings over 50 are seen as positive. Housing starts in March were higher than February( heavy snow caused big decline ). There were 926,000 starts – average was 1.5 million for the 20 years leading up to the housing crisis……MMG Weekly. 

3. Existing home sales in March surged by 6.1% from February to an annual rate of 5.19 million units. This was the largest monthly increase since December 2010. Sales are also up 10.4% from one year ago…… National Association of Realtors. 

“You’re never too old to learn something stupid.”…… PonderBits. 

Taxes 

Top corporate tax rates in 2014 among major developed economies(38 countries):

United States      35%

France               34.4%

Belgium             33.9%

Australia            30%

Mexico               30%

Portugal             30%

Spain                 30%

Japan                 28.1%

New Zealand       28%

Italy                  27.5%

Others: United Kingdom, 21%; Germany, 15.8%; Canada, 15%; Switzerland, 8.5%.

OECD.ORG. 

 Notes on Notes

 

1. Several of you are creating notes with a “0%” interest rate. Why? You are helping a friend, you like your buyer, you want the terms to be good for him, etc. That’s fine, but, you are potentially hurting yourself. A few of you have sold those notes with me this year and your pricing suffered as a result. If you want to offer 0% and feel you donot want to sell the note eventually, negotiate the biggest down payment possible and shortest amortization period possible.

2. Who is a good candidate to offer a seller carry back?

a. First time buyers wanting to get into the housing market, but need financing options.

b. Buyers with “credit ding”, but are in good financial shape otherwise.

c. Buyers who usually pay cash, resulting in little or no credit history.

d. Buyers who just “want in” on a real estate transaction, but can’t get a bank loan.

Good buyers are out there and we can help them.

 

J. Robert Eckley, Eckley & Associates, www.EckleyLaw.com.

Let The Good Times Roll

The 1st quarter of 2015 has just ended. In my 8 years in the note business, this has been – by far – the best and most productive start for my business, and for some of my colleagues as well.

This is a good time for note sellers, note buyers and note brokers. Many sellers who have created notes in the past year or two have done a good job in structuring terms that protect them from potential default. At the same time, these notes are attractive to note buyers who are willing to pay competitive prices, allowing the note seller to get the cash he needs or wants for other investment, debt reduction, etc.

One of the more interesting facts to me is the type of properties securing the note purchases I have been involved with year to date. They run the gamut – single family homes, manufactured homes, commercial property, raw land, residential land, farm land, etc. The market place is such that buyers are willing to purchase a note secured by land, for example, that they would not purchase a few years ago. If you as a seller are selling a property for an “at market price”, with a good down payment, reasonable interest rate and amortized schedule, you will find a buyer willing to give you a competitive price for your note.

What is also helping is data supplied by Advanced Seller Data Services, which shows a continued annual rise in the number of owner carry transactions across the country. The increase was only 4.7% in 2014 over 2013, but we have had increases every year since the recovery started in 2009.

If you are holding a note and have a need or want for cash, now is a good time to see how the marketplace would price your note. Call me and I will do my best to help you if I can.

Seller Carry Back Strong in 2014

Despite Dodd-Frank regulations, seller carry back sales had a strong year in 2014. Advanced Seller Data Services(www.notesellerlist.com) provides interesting data for those of us in our niche industry.

They survey counties across the USA for the number of seller carry back transactions closed. Not all counties respond, of course. Based on the number of counties who did, there were in excess of 116,000 1st position transactions last year, a slight increase over 2013.

Texas is by far the most active state, with close to 24,000 transactions. California was second with 11,412 sales followed by Florida with 10,137. No other state approached 5,000 sales. South Dakota was the least active state with only 12 closed sales. Not surprisingly, most of my business is in Texas and California.

I share these numbers because many sellers believe that there are a huge number of note buyers in our industry. They base this on the number of letters they receive from note buyers shortly after they record a transaction. The numbers I just shared show that our industry is niche, and small compared to the number of real estate agents and the millions of properties that are sold annually with conventional financing.

When it comes to seller carry back, though the number of transactions may increase annually, the truth is this – there are few of you and few of us.

Go East Young Man, Go East

I grew up on the East Coast. To me and other young guys like me, California was the promised land – warm weather, bikini girls at the beach, great career opportunities. Go West Young Man was the calling card at the time. So I came West and stayed.

Times have changed – a lot. The US Census Bureau says that California’s high home prices and cost of living is forcing people out, especially to Texas and other Western States. Since 2007, we have the largest net loss of workers than any other state. We have more than half of the most expensive residential areas in the country. If someone is earning less than $50,000 annually it is almost impossible to afford a nice home in a nice residential area. 75% of our “outflow” are people in this economic strata, who are now leaving California for the same opportunity I was seeking so many years ago. More affordable housing and in some cases, more job opportunity, lie elsewhere.

Make a new friend in your area who is from California. If you have a house to sell, offer to carry the note. Tell him you learned this stuff from a guy in California.

What goes around comes around!

1st Time Home Buyers – Still on the Outside Looking In

The National Association of Realtors (NAR) reports that only 33% of home purchases in 2014 were by 1st time home buyers. This is the lowest level in almost 30 years. The norm is about 40%.

Why? We know the answer. Higher home prices, tight lending and an unsteady job market are the “usual suspects”. NAR Chief Economist Lawrence Yun says their absence is slowing the overall recovery of the economy, and he expects home sales to fall this year for the first time since 2010.

This 7% spread ( 40%-33%) presents opportunity. If you have a house for sale, you may very well meet one of these 7% folks. You may like them.  You may want to sell to them. If not, ask a local realtor ” who is the best 1st time home buyer you have met?” Let them see your house. Offer to carry the note. Work out solid terms that protect both of you. Help our recovery.