Friday, May 4, 2012

What is a "TRUST DEED"?

A Trust Deed is the common name for an investment in a loan secured by Real Estate.  The legal document that creates the security for the loan is a Trust Deed or Mortgage (depending upon the State in which the property is located). 
Normally, loans secured by Real Estate are made by banks, credit unions, insurance companies and other institutional lenders.  However, private parties can, and do, make these loans, too.  And, your Retirement, Health Savings and/or Educational Savings accounts are all eligible to make these types of loans.  Your accounts can consistently earn high yields by investing in Trust Deeds. 

 Why can Trust Deeds be good investments?  There are substantial benefits to investing in Trust Deeds, including:

1.      Trust Deed investments provide higher yields than a money market or Certificate of Deposit.  Often, yields are 6%, 8%, 10%, or more (depending upon the circumstances).

2.      Trust Deed investments can provide predictable and consistent INCOME (monthly, quarterly, semi-annual, or annual income). 

3.      Real Estate is pledged as collateral, which provides an asset with intrinsic value to back your investment.

4.      If the borrower does not pay as agreed, the Trust Deed investor can foreclose on the property, often owning the property for much less than its value.

5.      Investments are normally short term (1 to 5 years).  Your investment is not “tied up” for long periods of time.


Frequently Asked Questions (FAQ):

1.      Why would a borrower pay an investor such a high rate of return? 

There are a variety of situations that create this type of investment opportunity.  Here are just a few:

A.      The owner has an existing property with equity and a legitimate need for capital, but the project and/or the borrower does not qualify for traditional lending (In today’s lending environment, many good borrowers simply do not qualify for the strict bank lending requirements).

B.     A developer has an opportunity to purchase the property at a significant discount, then reposition it and sell at a short term profit.  To receive such a discount, the transaction must be closed quickly (often in a matter of days or weeks rather than months).  Because the Developer is making a significant profit through buying at below current market value, the Developer may be willing to “share the profits” with an Investor by paying the Investor a high return. 

C.  A bank wants to remove a loan from its books because the loan does not fit the bank's lending criteria.  The bank is willing to sell at a substantial discount if the loan can be sold quickly.  Purchasing the loan provides an opportunity for profit to a savvy real estate operator/developer.  Using private lending, the operator/developer can acquire the loan, restructure it, and sell at a profit.

2.      What happens if the loan is not repaid?

This is a valid concern.  The transactions should be structured so that the Investor is protected through immediate and substantial equity in the property.  If the owner does not repay the loan, the owner loses all equity and/or profits to the Trust Deed Investor.  Therefore, the owner has strong motivation to re-pay the loan.  If the Owner does not repay the loan, then the Trust Deed Investor can foreclose and often sell the property at a price that is higher than the loan, thereby making an additional profit.

3.      Why don’t the Owners or Developers go to the bank to borrow the money?

Just a few years ago, the banks were a viable business partner for real estate investors and developers.  Interest rates are low, and bank financing is the most preferred source.  Today, Banks are not only severely restricted, they also have burdensome requirements and move slowly.  To transact business today, Owners and Developers need alternate sources of capital.  And, they can often get significant discounts for being in a position to act quickly.  This creates the opportunity for Investors who want to earn a high return while protecting their investment.

4.      What are the tax ramifications of this type of transaction?  Normally, the interest is characterized and taxed as ordinary income.  Please consult your tax adviser to confirm your particular situation. 

5.      Can I use my Retirement, Health Savings Account, or Educational Savings Account?  ABSOLUTELY!!!  In fact, we ENCOURAGE it!!  Trust Deed Investments are excellent vehicles for your Retirement account, HSA (Health Savings Account), and ESA (Educational Savings Account).  The earnings grow tax free.  If you compound tax free earnings at high yields, your money grows much faster (earning a consistent 10% annual yield will double your money in 7 years, and triple your investment in 11 ½ years!!!).

For more information on the benefits of Trust Deed investments, please feel free to contact me directly.