When the borrower is also my contractor, does the lien waiver schedule change?
One of my cabins needed a full gut last spring and I ended up using a local flipper I'd been watching for about two years. Smart guy, good instincts, always came in close to his numbers. Now he's asking me to fund his next project at 12 percent, six months, $110k against a property he's valuing at $165k after repairs. I want to do it. The problem is I was planning to use him as GC on my second cabin starting in maybe March, so he would be pulling permits, hiring subs, and sending me invoices on my property at the same time I'm holding a note against his. I know lien waivers matter when you're drawing down a construction loan, but I don't know if the fact that I'm also his lender changes anything about how I need to handle them on my side of the job. Does it create some kind of conflict if a sub on my cabin files against his project and I'm the one sitting in first position? I genuinely can't find a clean answer on this and my real estate attorney is expensive and slow and I'd rather come in with a sharper question than a blank one.