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California Trust Deed Investing Guide

By Chasity Sheppard


California trust deed investing offers an easy alternative to earn bigger returns through real estate investments, but without the hassle or cost of owning the property and having to maintain it. The deal here is that the investor just gives financing to other investors who plan on buying properties. Put another way, this is mortgage lending for non-institutional lenders.

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.

A number of factors need to be considered carefully when making this kind of investment. Getting hold of an accurate valuation and doing a title search are essential items on the checklist. Calculate the loan-to-value difference, equity and the margin of safety. A background check to determine the borrower's creditworthiness is required to find out if the investment is safe and has a good chance of being repaid.

The concept is pretty simple and about the same as a bank dealing with a homebuyer seeking a mortgage. In this case, the borrower signs a promissory note and a deed of trust. The note is proof of the amount owed, and the deed puts up the property as collateral against the 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.

The reason this margin must be kept on the higher side is to minimize the risks associated with the investment. If the borrower defaults, foreclosure proceedings will have to be initiated to take possession of the property and then sell it off to recover the loan amount. In such cases, it's vital that there be enough of a margin of safety to cover both the loan balance and legal costs.

Sometimes, the property has claims and liens placed on it by multiple creditors. The protective equity in these cases will not be the same as the borrower's equity. A junior lender may be forced to clear the delinquency, and then initiate foreclosure to recover the original loan and the additional payment to the senior lender. There are many such complications and issues that regular real estate investors are aware of.

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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