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Private Loans Can Launch Investments

HI11-18-13Building an income stream from investment property is, as Jason Hartman says, the best bet for building long term wealth. But for some hopeful investors, the project gets stalled at the starting gate because less than perfect credit or other circumstances make financing hard to get. For some, that means turning to the bank of mom and dad – or even close friends.

Even though interest rates are still relatively low, home loans are harder to get. New mandates covering mortgage-lending standards, such as the Qualified Mortgage Rule, impose tighter qualifications on buyers, and individual lenders may have even more stringent requirements. Add to that down payments and other closing costs, and borrowers with iffy credit and relatively little money become locked out of the process. That’s why first time borrowers are increasingly turning to family members for startup cash to buy investment properties.

And that can benefit both sides, as long as the process stays businesslike. Covered by the general term of “private home loan,” financing from loved ones generally works very much like the lending process used by banks – and it should, say personal finance experts. Lenders and borrowers need to draw up a contract that lays out all aspects of the transaction – term of the loan, interest rates, penalties for default and so on. The contract is binding, and enforceable by law – including foreclosure if the loan isn’t paid off.

Financial consultants emphasize that a private loan may be personal, but that doesn’t mean that it isn’t all business – and that’s often where private lending goes awry. The loan can’t be used as leverage for personal issues that aren’t related to the transaction. It’s important to consider: would a bank or other lending institution behave this way? If the answer is no, then neither should the private lender.

Even with those stipulations, a private loan can make things easier. Interest rates can be lower, since both parties agree on the terms. Payment schedules and other features of the loan can be negotiated too, offering greater flexibility in managing the loan over time. Plus, mortgage interest is tax deductible for this kind of loan as well as bank loans.

Private lenders benefit, too. They may be able to negotiate a higher interest rate than they might get from other investments. And the payments made on the loan come back to them in a steady income stream for the term of the loan.

Private loans can be negotiated with or without the help of an attorney or other financial adviser. If you opt to go it alone, though, it’s essential to include the key elements of any binding lending agreement.

A promissory note is a legally binding document that states that the borrower promises to repay the lender according to the terms agreed upon by both parties. A mortgage document or “deed of trust” secures the promissory note and gives the lender the authority to foreclose on the property. And although a written repayment schedule is not legally required, it still establishes clear terms and keeps things businesslike.

Private loans aren’t an easy out for a lazy and irresponsible borrower that the bank won’t touch. But handled in a businesslike way, a loan from the bank of loved ones can be just the ticket to launching n inventing career.  (Top image: Flickr/theconsumerist)

Heroic Investing is the complete investing solution for first responders. Read more from our archives:

Why Do Lenders Turn Borrowers Down?

A Stimulus Plan Architect Reveals the Truth

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