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  1. #1
    LoanSafe Guide TomEason's Avatar
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    Financials of Loan Settlements

    Financial Analysis of a Loan Settlement
    When a borrower settles with the lender, the borrower is actually buying the loan from the lender. For example, if the borrower settles at a price of $8k on a $100k loan, the borrower buys that loan for $8k.

    The borrower, now the note owner, is entitled to receive the original promissory note, endorsed by the lender, with that endorsement stating “paid in full” or words to that effect, along with the signature of an authorized employee of the lender, typically an officer. Depending on the state’s procedures, the lender will also sign over and deliver that deed of trust.

    The borrower, now owner of the loan, will instruct the trustee to re-convey the deed of trust (in trust deed states). The procedure will vary slightly in the mortgage states.

    ROI of the Settlement
    The return on investment calculation for a settlement gives us a fun result. Albeit an exaggerated one. Caveat: ROI is best used in comparing alternative investments under consideration by the investor. As such, it’s not a realistic measure of return on one specific investment. Here’s the formula.
    ROI = (Gain from the Invest. – Cost of the Invest.) / Cost of the Invest

    In our example above, the gain from our investment = $100k (the note balance).
    The cost of our investment is $8k (what we paid to buy the note).

    Therefore, ROI = ($100k - $8k) / $8k = 92 / 8 = 11.5
    Convert that to a percentage by multiplying by 100 and we get 1,150 %.

    Let’s also look at it from a loan calculation perspective. Let’s say that the $100k loan is at a 6% interest rate, amortized over, and due in, 15 years. The monthly payment amount is $843.86. Round that to $844.00. The total payments over the 15 yrs = 12 x 15 x $844 = $151, 920. The amount of interest paid portion of this total will be less if the term is shortened by the borrower repaying the loan sooner than 15 years.

    Let’s pretend that the loan runs its term of 15 years. The $8k spent to buy the loan would result in a savings of over $150k. That’s an ROI of 150 / 8 = 1,875 %.

    A caveat. While on the surface, paying a higher price, say 20 – 30 % for a settlement, will also yield a very good ROI, those prices aren’t competitive, and are unnecessarily expensive. Why? Because a lender can sell a non-performing 2nd loan on the secondary loan market for only 2–5 %. So then, why would a borrower pay more than 5– 10 %?

    The only reasons to pay more that come to mind are: 1) when the 2nd is in the money and that lender might soon foreclose, or 2) when the borrower is anxious to settle ASAP. In the first instance, the borrower may need to be less demanding in negotiations, as he/she has much less leverage. In the second instance, the borrower will pay more for his/her lack of patience.

    The “Cash on Cash” Measure of Return
    For a more realistic measure of return, let’s look at “cash on cash” (COC), a ratio frequently used by commercial RE investors. COC, also known as the Equity Cap Rate (Capitalization Rate), is the return on $$ the investor “personally” invests, as in cash down payment and closing costs. COC is also known as the Gross Spendable Income (GSI) or Net Cash Flow per year divided by the cash invested. Here’s the formula. COC = GSI/ $$ Invested.

    In our example, we use GSI to represent the sum of the annual payments we’ve saved as income received, e.g. $844 x 12 = $10,128, divided by the money we invested, $8,000.

    $10,128 / $8,000 = 1.2660 = 127%.

    Needless to say, this is indeed a very good return!
    Last edited by TomEason; 12-09-2011 at 08:55 PM.

  2. #2
    Senior Member whypay's Avatar
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    TE,

    Many thanks, as always!

    wp

  3. #3
    LoanSafe Guide TomEason's Avatar
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    whypay

    As usual, thanks much.

  4. #4
    Senior Member Sid Farcus's Avatar
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    In your example, the borrower settles with the lender in the amount of $8K for the $100K note.

    Questions:

    1- Will or can the lender then sell the deficiency remainder of $92K to a collection company? Or does the "paid in full" ensure you will not be hounded for the next N years by a list of collection agencies?

    2- Will the borrower receive a 1099 for $92K in the mail and have to come up with approx $25K for this additional taxable income?

  5. #5
    Senior Member Ready2Run's Avatar
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    Thanks Tom!

    Subscribed

  6. #6
    LoanSafe Guide TomEason's Avatar
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    Sid Farcus

    Thanks for your questions. 1 - As stated in the very first sentence, when a borrower settles, he/she is essentially buying the loan and is now the owner. Therefore there is nothing to collect on by any other entity.

    2 - As for tax exposure, I recommend you consult with your tax person, as he/she is knowledgeable about your overall situation.

  7. #7
    LoanSafe Guide TomEason's Avatar
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    Ready2Run

    You're welcome!

  8. #8
    Senior Member bubberrand's Avatar
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    As always, thanks Tom!

  9. #9
    LoanSafe Guide TomEason's Avatar
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    Quote Originally Posted by bubberrand View Post
    As always, thanks Tom!
    You're welcome bubberand!

  10. #10
    Member Minneapolis's Avatar
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    If the house is owner occupied from what I understand there is a Mortgage Relief Act effective through 2012 that says you will not have to pay tax on the amount forgiven.

    If the house is a rental you will not have to pay tax if you are insolvent at the time the amount is forgiven.

    From what I understand not an expert here Joe in Mpls

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