Latest / Real Estate Note Investing / Episode 44: Negotiating a Discounted Payoff

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Episode 44: Negotiating a Discounted Payoff · Real Estate Note Investing

• 0:00
  SPEAKER_00: Welcome to the show, where you'll learn how to invest in mortgage notes, the savvy real estate investor's secret weapon to create cash flow without tenants and property acquisitions for pennies on the dollar.
• 0:12
  SPEAKER_00: My name is Robert Haitha, founder of Fix Notes, and my mission is to make note investing ethical, profitable, and accessible for you.
• 0:20
  SPEAKER_00: In every episode, we're democratizing the industry to put these powerful Wall Street assets into the hands of mainstream investors like you.
• 0:29
  SPEAKER_00: So without further ado, let's get into the show where you're in good hands with my AI clone.
• 0:34
  SPEAKER_00: Let's go.
• 0:37
  SPEAKER_00: This program is for informational purposes only and should be independently verified before taking action.
• 0:43
  SPEAKER_00: A discounted payoff is when a borrower pays less than the full balance owed to fully satisfy the loan.
• 0:49
  SPEAKER_00: For the borrower, it is a way to resolve a debt they may not be able to pay in full and get out from under a lien that is holding them back.
• 0:55
  SPEAKER_00: For you as the note investor, it is often the fastest path to a strong return.
• 0:59
  SPEAKER_00: But negotiating one well requires understanding when to offer a discount, how much to give, and how to run the conversation so both sides come out ahead.
• 1:08
  SPEAKER_00: The first and most important framing to internalize is this.
• 1:12
  SPEAKER_00: Discounted payoffs are for borrowers in negative equity situations and in the most desperate circumstances.
• 1:18
  SPEAKER_00: If a borrower has equity in their property, they are not in the same position as someone who is underwater.
• 1:24
  SPEAKER_00: When a borrower with equity asks for a discount, the language to use is straightforward.
• 1:29
  SPEAKER_00: Tell them that discounted settlements are reserved for borrowers in the most difficult situations, and fortunately, they are not in one of those.
• 1:35
  SPEAKER_00: They have equity.
• 1:36
  SPEAKER_00: That means they have options.
• 1:38
  SPEAKER_00: This reframing actually serves the borrower.
• 1:40
  SPEAKER_00: It helps them understand that they are better off than they realize, and it protects your return at the same time.
• 1:46
  SPEAKER_00: That said, a discount does not always mean reducing the principal balance.
• 1:51
  SPEAKER_00: When you open a negotiation, start with the full payoff quote.
• 1:55
  SPEAKER_00: Every dollar owed, including arrears, late fees, and accrued interest.
• 1:58
  SPEAKER_00: Then offer to settle at the principal balance, waiving the arrears and fees.
• 2:03
  SPEAKER_00: To a borrower that can represent thousands of dollars of relief.
• 2:07
  SPEAKER_00: It is a genuine concession that builds goodwill, and it is also a good starting point for you as an investor who bought the loan at a discount to the principal balance in the first place.
• 2:16
  SPEAKER_00: There is a negotiating principle worth keeping in mind.
• 2:19
  SPEAKER_00: Whoever speaks first with a number loses.
• 2:22
  SPEAKER_00: Do not open a negotiation by telling the borrower what you are willing to forgive before they have even responded to the payoff quote.
• 2:29
  SPEAKER_00: Show them what the full balance is.
• 2:32
  SPEAKER_00: Let them react.
• 2:33
  SPEAKER_00: Their reaction and their counter will tell you a great deal about what they have available and what they are thinking.
• 2:40
  SPEAKER_00: Always set a deadline on any settlement offer you make.
• 2:43
  SPEAKER_00: A discounted payoff that is available indefinitely is not an incentive.
• 2:48
  SPEAKER_00: It is just a new lower balance.
• 2:50
  SPEAKER_00: Tell the borrower the offer expires at the end of the month or in 30 days or whatever timeline makes sense for the deal.
• 2:56
  SPEAKER_00: The deadline creates urgency and prevents the borrower from treating your offer as an open invitation to keep negotiating indefinitely.
• 3:04
  SPEAKER_00: Honor the deadline when it passes.
• 3:06
  SPEAKER_00: If you extend it every time, the deadline loses all meaning.
• 3:10
  SPEAKER_00: The three things to verify before finalizing any discounted settlement are the amount, the date, and the source of funds.
• 3:15
  SPEAKER_00: The source of funds is the one investors most often overlook.
• 3:19
  SPEAKER_00: Some borrowers will negotiate a discounted payoff without having any clear path to the money.
• 3:23
  SPEAKER_00: Before you accept a settlement offer, ask where the funds are coming from.
• 3:27
  SPEAKER_00: Common sources include savings or liquid assets, a loan from a family member, a hardship withdrawal from a retirement account, which can be penalty-free in some circumstances when the funds are used to prevent foreclosure on a primary residence.
• 3:40
  SPEAKER_00: Or a refinance of the property.
• 3:42
  SPEAKER_00: If the source of funds is a property sale, be careful.
• 3:45
  SPEAKER_00: If the property has equity, you may be entitled to a full payoff when it sells rather than the discounted amount the borrower negotiated before you had all the information.
• 3:53
  SPEAKER_00: One final point.
• 3:55
  SPEAKER_00: When you settle a discounted payoff, release the deficiency.
• 3:59
  SPEAKER_00: The deficiency is the gap between what the borrower paid and what they technically owed.
• 4:03
  SPEAKER_00: Leaving that balance outstanding as a personal liability after the settlement undermines the whole purpose of the resolution.
• 4:09
  SPEAKER_00: The borrower moved on.
• 4:10
  SPEAKER_00: The lien came off title.
• 4:12
  SPEAKER_00: Let the debt be done.
• 4:14
  SPEAKER_00: It is the right thing to do, and it costs you nothing you are realistically going to collect anyway.
• 4:20
  SPEAKER_00: Next time, we are going to look at short sales, how to manage a property sale when the borrower owes more than the home is worth, and how to structure an approval that works for everyone involved.
• 4:31
  SPEAKER_00: Thanks for sticking around to the end, and thank you to my trusty Robot and the Fixed Notes team for putting together another episode.
• 4:38
  SPEAKER_00: If you want to learn more and hang out with the real not AI version of me, join our free school community at school.com slash fixed notes.
• 4:47
  SPEAKER_00: That's s ko-o-l.com slash f I X N O T E S.
• 4:53
  SPEAKER_00: In the meantime, we'll see you in the next episode.