Have any of you been a private or hard money real estate lender. I've been approach by both a private individual well as by a more formal business entity who would serve as an intermediary in the transaction. I understand that individuals are using self-directed IRA's to do their private money lending and getting anywhere from 10-12-15 % per annum. In addition folks are using monies sitting in CD's and the money market also. I've queried references and they all seem to pan out.
Any happy endings or horror stories out there. Any significant accounting or legal loopholes or landmines to consider. Only the serious need respond (no sarcasm please).
I've spent thirty-five years in various jobs in the real estate world. At times I have brokered these loans, and have even lent myself. Many times they go well, and many times they do not. It is a very risky business, but I will spare you the horror stories. (I know enough real estate horror stories to write several books.) I do not advise one getting into it unless they can shrug off a loan as a total loss, then go about their daily routine as though nothing had happened. If you can do that, you may have found your niche in life. Keep in mind that these loans are on investment properties that banks will not lend on; that is why they are asking you for money.
About ten years ago I knew a man who was giving small loans (2nd or 3rd mortgages) of about $5,000 or less to area homeowners at about 18% interest. I guess his view was to make many small loans rather than a few large ones so that if one or two go bad, he wouldn't have to take a big hit, just a small hit. I don't know how his strategy worked out, but I would not have wanted to be in his shoes when the you know what hit the fan in 2006-2008, and the average American said they were not over extended because there were still checks left in their checkbook at the end of the month.
You have been approached by a private individual who can't get a loan anywhere so he came to you? The more formal business entity who will serve as an intermediary, might this be a mortgage broker? They get a nice fat commission at closing and if the loan goes sour you take the loss. You have queried references and they all seem to pan out? Did you think they were going to give you bad references?
Legal loopholes or landmines? A few or many, depending on how much lending you do, where, and what type. Lending is regulated by the states so you will have to check your state laws. If you ever decide that this business is your calling in life, make sure you have an attorney well-versed and experienced in real estate. Not their attorney, YOUR attorney. After their attorney, mortgage broker, or whatever self-proclaimed genius on their side has looked it over, written it up, or done whatever they are gonig to do, have your attorney look it over and give it the smell test. Ask him the risks, and if he would lend money the same way. Then throw your attorney's fee at them to be paid by the borrowers along with all the other fees.
i wish you good luck. If you have questions, PM me.