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The question my gap lender asked on site: where did the second bathroom go

Full gut on a 1920s four square, senior hard money loan covering purchase plus about 70 percent of the rehab number, and a gap position from a guy who does three or four of these a year in my market. He funded 90 thousand behind the first, second position, recorded, senior lender consented to it in writing because he's done deals with them before.

Scope creep is my whole personality at this point, so you know where this goes. The original scope had two full baths. Somewhere around week nine the plumbing on the second floor turned out to be running through a joist bay that had been notched to about an inch and a half of remaining material, and the correct answer was to move the whole stack. Moving the stack meant reworking the upstairs layout, and in the version of the layout that worked, the second bath became a three quarter bath and one of the bedrooms lost a closet.

I updated my own spreadsheet. I did not update the gap lender, because in my head he was a money guy and the money hadn't changed.

He showed up on a Tuesday. Suit, no hard hat, walked the second floor for maybe six minutes and then said, plainly, where's the second bathroom. Not angry. He'd read the scope in the file and he counted the rough-ins.

We stood in the hallway for twenty minutes while I explained the joist. He listened, asked what the comps looked like for two and a half baths versus two full, and then said the thing I've repeated to myself ever since: I'm behind 340 thousand of somebody else's money, so I need to hear about the change on the day you decide it, not the day I count rough-ins.

He funded my next one anyway. He also asked for a scope change notice clause in the note, which I deserved.

6 replies

The counting rough-ins detail is what I want to be able to do. I've been reading about gap positions for months and every article talks about pricing subordinate risk, and none of them mention that the person pricing it should be able to walk a framed second floor and know what's missing. How does someone on the capital side actually get to that?

The senior lender consenting in writing is the part I'd want to underline for anyone reading. That's the difference between a recorded second and a default trigger on the first, and whether it's even permitted comes out of the senior loan documents, which vary by lender and by state on the recording side. Worth having a lawyer look at both documents together rather than one at a time.

He funded the next one anyway. That's the whole story right there. Twenty minutes in a hallway telling the truth about a joist bought you the next deal.

The scope change notice clause is the kind of thing I'd never have thought to write in and now I want to see the language. harrow, is it a notice requirement or does it actually give him a consent right over the change?