Below is a list of questions & answers from a current email exchange with a potential investor. Investors are normally writing checks of $100k - $500k, so they tend to ask some good questions about how their money is secured before dropping it into a private fund. This is a bit long, but I want to share this kind of dialogue in hopes that it has value to you. This was a 9 PM response from me on a Friday (maybe not an ideal strategy for when to respond lol) so I did not have time to write it shorter. Please share your thoughts and even proposed answers. πββοΈ Question: "I still didn't fully understand the downside risk in secured escrow loans. What happens if the transaction doesn't go through (mortgage doesn't kick in due to financing not being approved, for example)?" β
There are three ways our funds can end up at some level of risk. - First, we don't cancel before the end of the refundable period (this has never happened) so the funds "go hard" and the seller has rights to them if the deal does not close. Even in this situation, if the deal closes we are paid out per signed irrevocable instructions. If it doesn't close, we have a promissory note and personal guarantee with the borrower to collect on the debt.Β - Second, we do cancel in time but the seller complains and the escrow company locks up our funds until either the buyer and seller agree to release it, or it's determined by a third party such as a judge. It would be very improbable that funds wouldn't come back to us but the delay is less than ideal. If they didn't, we have the same last resort options as above - Third, the title company just doesn't do what they are supposed to do per our contracts or the law. We send them a demand letter, if they choose to try to avoid responsibility we first pressure them via a complaint to the department of insurance (regulatory) that they are required to respond to in writing, and to the title insurance company that provides them insurance, allowing them to be in business. Either of those can shut down the title company. The title company as Errors & Omissions insurance to cover these errors on their part. The last option here, and one that I've seen successful is to file a lawsuit against the title company.Β