Armstrong Capital Newsletter

December 2007

 

Jeffrey R. Armstrong

Editor of the NoteWorthy Newsletter

President of Armstrong Capital

 

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Hello again! J Hope you had a wonderful Thanksgiving!   Just a few more weeks until winter officially starts and I for one can’t wait for the ski slopes to get some snow!  At the end of the year quite a few note holders seem to come out of the woodwork to get some extra cash and I hope you are getting your share.  Last month we defined and I gave you an example of a court case explaining that we only buy seller financed notes that are “Purchase Money Mortgages” because of the fact that when we buy a Purchase Money Mortgage we are a “good faith Purchaser” and a “holder in due course.”

            So why is it that in our little niche that our investors and funding sources only buy the Seller Carryback notes that are these “Purchase Money Mortgages”? To review, it has to do with the differences between negotiable instruments and contracts and the definitions of being a “good faith purchaser” and a “holder in due course”.  Basically when we buy a note the payor must pay us even though they may have some grievances, arguments or even litigation against the seller of the note and cannot offset their compensation from the note itself.  This month I just want to clarify some terms and the documents that we purchase.   

            The Note states the repayments terms of the loan including the term, interest rate, payment amount, start date and end date.  This Note might be called a Promissory Note, a Real Estate Lien Note, a Mortgage Note, etc., but no matter what the name, it is still the Note.

            The Note is secured to the property with a Security Instrument.  This Security Instrument might be called a Deed of Trust, a Mortgage, a Land Contract, an Indenture, etc. but no matter what its name, it secures the Note to the property.

            The Note is the “paper” that we are buying and is not recorded.  The Security Instrument is recorded in the county courthouse of the subject property and lets the public know that there is a Note attached to the property.

            There is also a document that shows the transfer of the property from the seller to the buyer.  This is called the Grant Deed and is called so because the seller is “granting” the property to the buyer for consideration (money) and the ownership of the property transfers from the seller to the buyer. This document is called a Grant Deed, a Warranty Deed, a Warranty Deed with Vendors Lien, etc., but they all “grant” the property from the seller to the buyer and the ownership transfers.  Grant Deeds and such ARE NOT the “paper” we are purchasing.  

            So, I hope that explanation helps you understand better of what “paper” we are actually trying to purchase from the note holder’s that contact you.  Next month we will start to talk about earning F.E.E.S. and the general process of the note business.

        Keep marketing, it’s going to work! J   Happy Holidays!

Jeff Armstrong


Since 1989 the NoteWorthy Newsletter has become the Definitive Resource for Experienced Buyers and Brokers of Notes, Mortgages and Other Cash Flows on the Secondary Market.  If you are a new or experienced note broker I encourage you to  Subscribe to the NoteWorthy Newsletter today! This is an indispensable newsletter for Note Brokers, just click here and then click on "Newsletters" at the top of the page.  

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Jeff's Speaking and Instructing Schedule

         Location                Date                          Event  (click for info & registration)       


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           Complete recording of SOP 101 beginner's workshop with workbook plus + click here for more info 

Includes FREE Glossary of Private Mortgage Note Terms too!

AC Newsletter subscriber initial offering special only $99 if you order from this email!    (regularly $149.00)

You must order from this email for this special $99 price.  Happy Holidays!

          


ALSO NEW FOR 2008!  Note Creation Handbook

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Cash Flow Business Marketing Assessment

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Jeff Armstrong is the Editor of the NoteWorthy Newsletter, www.noteworthyusa.com and President of Armstrong Capital. He is a member of the Million-Dollar Club, a Master Broker, visiting instructor for the American Cash Flow Institute, and the author of three best selling books. He can be reached by calling 800-845-3055, faxing 818-865-2323, e-mail jeff@armstrongcapital.com, or visit www.armstrongcapital.com and click on "Note Brokers" for questions and information about his Master Broker services, Mentorship program how Armstrong Capital can help you succeed.