Guide For California Trust Deed Investing

By Chasity Sheppard


California trust deed investing is a simple way for individuals to make real estate investments and secure high returns without the hassle of actually owning and maintaining properties. In this case, the investor provides a loan to a borrower who wants to use the money to buy property. In simple words, it is a non-institutionalized form of mortgage lending.

It sounds like a sure thing, but there's a lot to be learned before signing off on any investment. Investors typically go through a mortgage loan broker or MLB who arranges financing for individual homebuyers and professional real estate investors. Those using the funds may be REITs, developers or simply other investors who are open to owning properties.

Several factors need to be considered in detail while making such an investment. The property valuation and a title search provide a good place to start the research. Compare the value against the loan required to calculate the loan-to value, margin of safety, and the equity. Most important of all is a background check into the borrower's credit history, trustworthiness and chances of the loan being repaid on time.

Most of this is the same standard due diligence that mortgage lenders do when providing a housing loan. Instead of a mortgage agreement, the lender gets a deed of trust and a promissory note. The latter is proof of the debt owed, and the former puts up the property as collateral against this debt.

The California Department of Real Estate has set forth certain rules and regulations that must be followed during these transactions. For example, investors are limited to putting up financing equivalent to 10% of their net worth or annual income. There's also a requirement to maintain a certain loan-to value (ideally 65%). This leaves a 35% difference, better known as the margin of safety, between the loan amount and property value.

Maintaining this margin at a high level is crucial for minimizing the risk involved. In case of default, the property may have to be taken into foreclosure and liquidated for recovering the loan balance. If so, a healthy margin of safety that covers the principal amount, interest and legal costs will be required.

If there are other loans or liens on the property, then the protective equity will be different from the borrower's equity. In such cases, liens placed due to default on senior loans must be settled by junior lenders by paying off the delinquency and/or initiating foreclosure. There are many such issues that investors need to understand properly. Most of it can be learned with a little bit of experience involving real estate transactions.

New investors are advised not to give their hard earned money directly to borrowers or unknown investors. Do some research and get in touch with the Department of Real Estate to find out all the applicable regulations and compliance issues before doing anything else. After that, go through an MLB or REIT with a good reputation in California trust deed investing to ensure solid returns without having to take on too much risk.




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