1. General Questions

What is a trust deed investment?

A trust deed investment involves lending money to a borrower secured by real estate. The investor acts as the lender and earns interest on the loan. If the borrower defaults, the investor has the right to foreclose on the property to recover the investment.

What are discounted notes?

Discounted notes are promissory notes purchased for less than their face value. Investors buy these notes at a discount, which allows them to earn a return on their investment when the borrower repays the full amount, or through resale at a higher price.


2. Borrowers

What documents do I need to obtain a private money loan?
PCI provides real estate financing EXACTLY like a bank does, however, we do not need as many papers as do institutional entities.  Here’s how we start:

  1.  Loan application

  2. 2-3 bank statements

  3. Brief description of the real estate being used as collateral.

How long does it take to fund a private real estate loan?
Most requests for loans are funded between 7-10 days.  More complex transactions can take as long as three weeks.

Where does the money come from for my loan?
All of our funds come from our own accounts or private individuals who rely on PCI to “package” the loan.

The rates seem high for private money.  Why is this?
Admittedly, the mortgage rates are higher using private lenders.  Private lenders are not as picky and often overlook matters that banks don't, such as credit, condition of the property, loan size and general qualification.  The private lender is mostly concerned with the “protective equity” in the pledged real estate.

Can loans be requested directly to you or is a broker required?
PCI is a licensed broker (CDRE # 02029198)  as well as direct lender so can represent each borrower directly.

What is your minimum loan amount?
PCI will do loans from $50,000.00 - $5mm.  PCI funds loans as FIRST and SECOND trust deeds in the state of California


3. Investors

 Is trust deed investing safe?
Done properly and with the correct assets as collateral, TRUST DEED INVESTING, is on par with the safest investments in the United States that deliver predictable yields with collateral.

What type of collateral secures the investment?
PCI spends most of its time and resources evaluating the collateral.  The best collateral is that which has significant equity in it and that is cash flowing:  Multi residential apartments, industrial buildings, supremely located land such as a parking lot in downtown Los Angeles.

How long are the loans made?
The term of the loan depends on how long the borrowers want the term.  Most loans go from 6-36 months. Loan terms typically are 24 months.

Are IRA and retirement monies allowed to invest in real estate trust deeds?
Yes, self directed IRA capital qualifies.

What are the risks associated with trust deed investments?

The primary risk is borrower default, which could lead to foreclosure. Additionally, real estate market fluctuations can impact the value of the underlying property. However, thorough due diligence and selecting high-quality properties can help mitigate these risks.

How do trust deeds differ from traditional real estate investments?

Trust deeds involve lending money to others rather than directly purchasing and managing property. The return comes from interest payments rather than rental income or property appreciation, making it a more passive form of real estate investment.

What are the typical returns on trust deed investments?

Returns can vary, but trust deed investments often yield between 8% to 12% annually. The exact return depends on factors such as the property’s value, the loan’s interest rate, and the borrower’s creditworthiness.

How can I assess the quality of a trust deed or discounted note investment?

Key factors include the borrower’s credit history, the loan-to-value (LTV) ratio, the property’s condition, and market conditions. Investing with reputable lenders or note sellers who perform rigorous due diligence can also improve the quality of your investments.

What happens if the borrower defaults on a trust deed or discounted note?

In the event of a default, the investor can initiate foreclosure proceedings to recover their investment. The process varies by state, but it typically involves selling the property at auction. Investors should be aware of the legal and time-related costs associated with foreclosure.

4. For the Advanced Investor or Student…

How does the loan-to-value (LTV) ratio impact the risk and return of a trust deed investment?

The LTV ratio is a critical metric in trust deed investments, as it measures the loan amount relative to the appraised value of the property. A lower LTV ratio (e.g., 60-70%) generally indicates a more secure investment because there is a larger equity cushion protecting the investor in case of borrower default. However, lower LTV ratios may also offer lower interest rates, and thus lower returns. Investors must balance the desire for higher returns with the increased risk associated with higher LTV ratios.

How do you evaluate the legal protections associated with a trust deed investment?

The legal framework surrounding trust deeds varies by state, and understanding these nuances is essential. Investors should ensure that the deed of trust is properly recorded, that they have a first lien position (or understand the implications of a second lien), and that foreclosure laws in the state are favorable. Legal due diligence, including a review of title insurance and any potential encumbrances, is crucial to safeguarding the investment.

How does investing in junior liens differ from senior liens in trust deed investments?

Investing in junior liens (second or third position) is inherently riskier than senior liens (first position) because senior lienholders have priority in the event of foreclosure. If the property is sold, proceeds go first to satisfy the senior lien, potentially leaving little or nothing for junior lienholders. However, junior liens often offer higher interest rates to compensate for this increased risk. Investors must carefully assess the equity available in the property and the borrower’s ability to service multiple loans.

What is the role of the servicer in trust deed and note investments, and how can their performance affect returns?

A servicer manages the loan on behalf of the investor, handling tasks such as collecting payments, managing escrow accounts, and pursuing delinquencies. The efficiency and effectiveness of the servicer can significantly impact the performance of the investment. Poor servicing can lead to delayed payments, missed opportunities for workout solutions in distressed situations, or even legal complications. Investors should vet servicers thoroughly, considering their track record, fee structures, and approach to managing distressed assets.

How does market liquidity affect the valuation and risk of discounted notes?

The liquidity of a note—how easily it can be sold or traded—affects both its value and risk profile. Notes in high-demand markets or those backed by desirable assets generally have higher liquidity and can command better pricing. Conversely, notes in less liquid markets or those tied to less attractive assets may need to be sold at a deeper discount, increasing the risk for the investor. Understanding market conditions and the underlying asset’s desirability is crucial when evaluating the potential for liquidity and associated risks.

5. highly sophisticated and complex FAQs for investing in trust deeds and discounted notes:

How do macroeconomic factors influence the performance and risk profile of trust deed and note investments?

Macroeconomic factors like interest rates, inflation, and economic growth significantly impact trust deed and note investments. Rising interest rates may boost returns on new deals but lower the value of existing notes. Inflation can erode real returns, and economic downturns can increase default risks. Investors must monitor these indicators to adjust their portfolios effectively.

What are the implications of cross-collateralization in trust deed investments, and how can it be used to mitigate risk?

Cross-collateralization involves securing a loan with multiple properties, spreading risk across a broader asset base. This strategy enhances security but adds complexity, requiring thorough evaluation of each property and understanding potential foreclosure complications. It’s a way to mitigate risk but requires careful analysis.

How do structured settlements and cash flow waterfalls impact the hierarchy of payments in trust deed and discounted note investments?

Structured settlements often involve cash flow waterfalls, where payments are distributed according to a hierarchy. Senior tranche investors get paid first, followed by junior tranches. Understanding these structures is crucial for assessing the risk and return profile, especially in cases of default or shifts in payment priorities.

6. FAQs that explain the importance of title insurance reports in trust deed investing:

Why is title insurance important in trust deed investing?

Title insurance protects investors from legal challenges to property ownership, ensuring that the title is clear of liens or encumbrances. This protection is essential for securing the investor’s ability to foreclose if needed.

What does a title insurance report typically cover in a trust deed investment?

A title insurance report details the property’s legal description, ownership history, existing liens, and any recorded legal actions. This information is critical for assessing risk and confirming the investor’s lien position.

How can title defects affect a trust deed investment?

Title defects like undisclosed liens or boundary disputes can delay or block foreclosure, leading to financial losses. Title insurance mitigates this risk by covering defects and protecting the investor’s interests.

What role does the title insurance company play in the foreclosure process?

During foreclosure, the title insurance company verifies the investor’s lien position and defends against claims that could challenge foreclosure, ensuring the investor can enforce their rights.

How does the cost of title insurance compare to its benefits in trust deed investing?

Title insurance costs a small percentage of the loan but offers significant protection against potentially large financial losses, making it a prudent investment for trust deed investors.

How does title insurance protect against claims of undisclosed heirs or fraudulent conveyances?

Title insurance provides coverage against claims from undisclosed heirs or fraudulent conveyances that could threaten the investor’s interest in the property. These issues can arise long after the investment is made, but title insurance ensures the investor’s lien remains enforceable.

How does title insurance facilitate due diligence in trust deed investing?

Title insurance reports are integral to the due diligence process, offering a thorough examination of the property’s history and any encumbrances. This allows investors to identify and address potential risks before finalizing the investment, reducing the likelihood of costly surprises later.

What are the implications of subordination clauses in relation to title insurance in trust deed investments?

Subordination clauses can change the priority of liens, potentially affecting the investor’s position in a foreclosure. Title insurance helps clarify and enforce lien priorities, ensuring that any subordination is properly documented and understood, protecting the investor’s interests.

7. And what about escrow?

Why are expert escrow officers critical to trust deed investing?

Expert escrow officers are vital because they act as neutral third parties who manage and execute the detailed procedures required in trust deed transactions. Their expertise ensures that all conditions of the agreement are met before the transaction is finalized, reducing the risk of errors or disputes that could jeopardize the investment.

What services do escrow officers provide in trust deed transactions?

Escrow officers handle the collection and disbursement of funds, ensure that all necessary documents are signed and properly recorded, and verify that all conditions of the transaction are satisfied. They coordinate with title companies, lenders, and other parties to facilitate a smooth closing process.

How do escrow services ensure the security of trust deed investments?

Escrow services provide a secure method for handling funds and documents, ensuring that neither party releases assets nor money until all conditions are met. This process protects both the investor and borrower, ensuring that the transaction is completed according to agreed-upon terms.

What role do escrow officers play in managing disbursements and payments?

Escrow officers are responsible for managing disbursements, such as paying off existing liens or distributing funds to the appropriate parties. They also manage ongoing payments in the case of a trust deed, ensuring that funds are properly collected and distributed according to the terms of the agreement.

How do escrow services mitigate the risks of trust deed transactions?

Escrow services mitigate risks by ensuring that all conditions of the trust deed agreement are met before funds are exchanged. This includes verifying the accuracy of documents, ensuring that the title is clear, and confirming that all financial obligations are fulfilled, thereby reducing the risk of disputes or legal issues after the transaction.

How do escrow officers facilitate the transfer of title in trust deed transactions?

Escrow officers coordinate with the title company to ensure that the title transfer is properly executed and recorded. They confirm that all liens and encumbrances are addressed, ensuring the investor’s lien position is secure and that the title is transferred free of any undisclosed claims.

What is the importance of escrow instructions in a trust deed transaction?

Escrow instructions are detailed agreements that outline the specific conditions and steps required to complete the transaction. They serve as the roadmap for the escrow officer, ensuring that every party understands their responsibilities and that the transaction is carried out precisely as agreed, minimizing the risk of misunderstandings or errors.

How do escrow services handle the complexities of multi-property or cross-collateralized trust deeds?

In complex transactions involving multiple properties or cross-collateralization, escrow officers meticulously track the conditions and requirements for each property. They ensure that all documents are correctly filed and that funds are appropriately allocated, providing clarity and security in these more sophisticated investment scenarios.