How to Draft a Compliant Late-Fee Provision

2026-05-18T15:04:17-07:00Uncategorized|

To draft a compliant late-fee provision for a private mortgage note, define the grace period in calendar days, set the fee as a fixed amount or percentage of the overdue scheduled payment, confirm the amount clears your state's usury cap, include waiver-of-waiver language, and [...]

Performing vs Non-Performing Note Investing

2026-05-23T12:50:19-07:00Uncategorized|

Performing and non-performing note investing are two different strategies with different yield profiles, different capital requirements, and different operational demands. Performing notes deliver predictable cash flow at a yield in the single digits to low teens. Non-performing notes deliver discount-to-resolution returns that can be [...]

How to Rehab a Non-Performing Note

2026-05-23T13:03:07-07:00Uncategorized|

Rehabbing a non-performing note follows a six-step workflow: file diagnosis, borrower contact, loss-mitigation option selection, documented modification or repayment plan, performance monitoring, and exit decision. The right rehab returns the note to performing status; the wrong rehab delays an inevitable enforcement action and adds [...]

7 Warning Signs a Note Is Going Non-Performing

2026-05-23T12:50:22-07:00Uncategorized|

A performing note rarely fails without warning. Seven specific signals — partial payments, communication blackout, third-party draw on insurance or taxes, address changes, escrow shortfall, payment-date drift, and forbearance requests — predict non-performance well before a borrower misses a full payment. The servicer who [...]

Mortgage Broker FAQ for Private Lenders

2026-05-23T13:03:08-07:00Uncategorized|

Private lenders working with mortgage brokers run into the same compliance questions: how does broker compensation work under RESPA Section 8, what does SAFE Act licensing require, who eats fraud loss, how long do records need to be kept, and what does the broker [...]

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