My 90k is the rehab tranche, repaid only if his refinance lands
Deal in front of me. Operator buys a duplex at 210k with his own bridge, my 90k funds the rehab, and I'm repaid from the cash-out refinance at an agreed return. He's projecting after-repair value of 340k, refi at 70 percent gives 238k, which clears the bridge and me with room.
What's on my desk is that every dollar of my repayment comes from one event that has not happened yet and that neither of us controls. Not the rent, not the renovation, the appraisal and the lender's loan-to-value ceiling. If the appraisal comes in at 300k, 70 percent is 210k, which covers his bridge and leaves 28k against my 90k.
He's a solid operator on the construction side, two completed projects I could actually walk. His answer on the downside is that he'd sell instead, and I'd be repaid from the sale. That may be true and it may also take nine months.
What I'm unsure about: whether to be secured, and where in the stack. Second position behind a bridge that gets refinanced means my security changes hands mid-deal. Whether to price for the delay rather than the loss, since I think the realistic bad case is slow rather than zero. And whether there's a version where repayment isn't tied to the refi at all.
I'm going to have a securities attorney and a real estate attorney look at whatever we land on, that's not the question. The question is what structure I should be asking for before the lawyers get involved.