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It took four months before anyone told me I was the gap

My cousin found a 1950s ranch that needed everything. His hard money lender covered 80 percent of purchase and most of the rehab budget, and he was about 38 thousand short on the down payment and the first draw. He asked me over pizza and I said yes in about the time it takes to say yes.

I wired the money. I got a one page letter he typed himself that said he'd pay me back in six months with 12 percent. I thought that was a loan document. I told a friend who does title work and she asked what position I was in, and I said the position of somebody who wired 38 thousand. She stopped chewing.

What I learned over the next few weeks, slowly and mostly by asking dumb questions, is that the hard money lender had a recorded first lien and I had a piece of paper in a drawer. If the house had gone sideways, the first lender gets paid out of the sale before anything comes to me. My cousin was not hiding this. He just didn't think about it either, because it never came up in his head as a thing to think about.

It worked out. House sold in month seven, I got my 38 back plus interest, and he bought me dinner. But the whole time I was reading about subordination and recorded liens and personal guarantees, and I kept thinking, I bought a lottery ticket and called it a bond.

I'd do it again. I'd do it differently.

19 replies

The line about buying a lottery ticket and calling it a bond is going to live in my head. I've been in analysis mode for a year and this is exactly the kind of thing I'd have said yes to over pizza.

Been on the other side of this. I've asked family for the gap on two deals and both times I offered to sign something real and both times they waved it off. It makes me nervous when they wave it off, honestly. I'd rather they made me sign.

Question I'd have been embarrassed to ask out loud: if arbor had recorded something, would the hard money lender have had to agree to it? Or can you just record a second whenever you want?

@compass most senior loan documents have a clause prohibiting additional liens on the property without the lender's written consent. So you can physically record it, and you might also be putting the borrower in default of the first loan. That varies by lender and the exact language, and it's a question for an attorney in the state where the property sits, since recording practice differs state to state. But in most cases the senior lender usually gets a say.

@warrant that clause is the part I never would have found. I've read two hard money term sheets in six months of research and I skipped straight to the rate both times.

The thing that scares me in arbor's story is the first draw. If the gap money is funding the first draw, the gap lender is paying for work that has no value yet. Framing lumber sitting in a driveway isn't collateral.

I've filled the gap for two other operators in my market and the thing I care about more than the paper is the exit. If the plan is sell, I want to see what actually sold in that price band in the last ninety days. If the plan is refinance, I want to know which lender and whether the borrower has talked to them already. Most of the time they haven't.

Month seven is nothing. I've got a rehab going that was supposed to be sixteen weeks and we're at week thirty one because of a load bearing wall that wasn't on any drawing. Anybody sitting behind me in line is having a long year.

@juniper it means when the money from a sale or foreclosure gets handed out, the senior lender gets paid in full first and you get whatever's left. If there's nothing left, that's your answer.

@sable that's the part I've been circling. I've been looking at gap positions because the yields quoted are high, and the more I read the more the yield looks like the price of standing behind somebody. Which is fine, as long as you priced it knowing that. arbor priced it knowing nothing and got lucky, and he seems to know that, which is more than most.