Ten compliance questions every private mortgage note seller and buyer should answer before closing — covering Regulation X notice requirements, FDCPA exposure, state licensing, SAFE Act triggers, document transfer, recording, reps and warranties, due diligence, and record retention.
A whole-note sale exits your position in one cash event. A partial sale assigns a defined front-end slice and retains the tail, preserving cashflow that a discounted sale would otherwise strip away. The right structure depends on your liquidity need, balance sheet, and tolerance for ongoing seller obligations.
Five factors determine whether the bid on a private mortgage note comes in tight or wide: investment-to-value, payment seasoning, borrower credit, collateral attributes, and file completeness. Sellers who manage all five from origination through sale hold the pricing advantage.
The Supreme Court’s 2017 decision in Henson v. Santander Consumer USA Inc. removed one specific FDCPA debt-collector hook for note buyers who collect on their own account. Here’s what the holding covers, where it stops, and what compliance still requires.
A seller-controlled due-diligence packet built before the buyer's reviewer arrives is the most reliable way to protect your note sale price.
A private mortgage note sells at a price set by payment history, collateral coverage, file quality, and the buyer's required yield. Learn how buyers calculate yield, what belongs in a due-diligence packet, how Henson v. Santander affects FDCPA compliance, and what §1024.33 requires when servicing transfers.
Ten compliance questions private lenders ask about borrower workouts, answered with reference to Regulation X, the SAFE Act, CARES Act, and CFPB guidance. Covers loss-mitigation procedures, dual tracking, appeal rights, HAF payments, and document retention for private mortgage notes.
The CFPB's 2022 consent order against Wells Fargo is the cleanest available case study in what weak loss-mitigation controls produce. Three compliance controls every private note servicer should put in place this quarter.
When a private mortgage note goes delinquent, the lender who works a structured loss-mitigation waterfall — repayment plan through deed-in-lieu — recovers more capital than one who moves straight to foreclosure. This guide covers all five paths.
When a private mortgage note goes delinquent, the path you choose — repayment plan, forbearance, or modification — determines how much lender value survives. This side-by-side comparison maps each option to hardship type, equity position, and lender opportunity cost so the right workout path is clear before arrears compound.
