Commercial Notes Do's and Don'ts
For those who have taken my apartments class, you
know the importance of DSCR (Debt Service
Coverage Ratio). The formula for DSCR is as
follows.
Property's Total Annual Income (Assume Full
Occupancy)
- Property's Total Annual Expenses (Include
Vacancy,
Taxes, Insurance :Do Not Include Debt Service)
= NOI (Net Operating Income) Banks refer to this as
FUNDS TO SERVICE DEBT
NOI divided by the annual debt service (Principal and
Interest Payments) = DSCR
This formula allows lenders to determine if the
property will generate enough income to service the
debt. A DSCR of 1 is a break even at best. Anything
below 1 means the buyer is going to have negative
cash flow. Is it any wonder lenders want a DSCR of
1.25 to feel secure
For example, if a property has a NOI of $50,000, and
annual debt service of $50,000 (P+I), this would be a
break even. In other words, a DSCR of 1, which is
not a
good
situation to be lending money on. If anything out of the
ordinary happens that costs money, the property will
not support itself. This means the buyer is going to
have to dig into his/her pocket, not fix the problem
(more vacancies), or not be able to make your
payment.
By the same token, let's look at a property with a NOI
of $50,000 and a debt service of $40,000. If we divide
$50,000 by $40,000, we come up with a DSCR of
1.25. In this situation, there is room for unexpected
expenses, and still have money to pay the debt
service.
If you sell your property using owner financing, you
should use a DSCR as a criteria also. You do not
want to sell your property where the odds are great the
buyer will not be able to make his payments. Make
your note accordingly.
A case in point. A note seller brought me a note where
the payor put very little down. The seller inflated the
price of his 8 unit apartment. Now to add to his
problem, he charged 12% interest. To continue with
our analogy, with a NOI of $50,000, the debt service
was a whopping $55,000. The seller was
flabbergasted when I explained to him that this was a
foreclosure in embryo. "Are you receiving payments
regularly?", I asked. "He has always been a month
late. But he always pays", was the reply. The seller
just now realized his buyer was late because it took
him two months to get enough money to make one
month's payment. It then can to light that there were
now three vacancies. We did not even get into
deferred maintenance. I suggested he immediately
get with his buyer and recast his note.
Had the seller known about DSCR, he would have
known his buyer would not be able to make his
payments. Note buyers will also look strongly on
DSCR. Next to having root canal work done, taking
back a property with high vacancy, with deferred
maintenance is my least favorite pastime.
Here are some Do's and Don'ts when selling your
apartments or commercial property.
1. Be sure to get credit information on your
buyers. (Even if they are an LLC or a corporation)
2. If an LLC or corporation, have your buyers
sign a personal guaranty for the note. This is often a
separate document. Although gurus will tout non
recourse and no guaranty, if you want to sell your note,
your buyers are going to have to be personally liable
on the note.
3. Be sure to have "assignment of rent"
clauses. If your buyer stops paying, you want the
authority to collect rents to pay you off.
4. Demand 20% or more down. (If you want
to sell your note)
5. If you inflate your property's value, do not
inflate the interest and terms also. The inflated price
is "interest"
enough. Make the note easy to pay. You might have
difficulty in selling your note at an inflated property
value, but you will enjoy a long, healthy cash flow. (Be
careful of imputed interest. Ask your accountant)
6. Look at your buyer's DSCR. If it is not 1.25
or more, chance are you are going to be taking the
property back at some point. If the DSCR is in line,
you definitely going to get a better price than a break
even DSCR.
7. Remember, just like residential notes, the
more down payment you get, the more money in your
pocket. Low down payment, low credit scores and low
DSCR will not translate into selling your note.
8. In your contract, separate the price of the
building, the land, furniture and goodwill. This will
keep the note buyer from having to "guess". When we
have to "guess", guess whose side we favor.
These are just a few tips on owner financing your
commercial property. Feel free to contact me if you
are selling your property using owner financing. We
can go more into detail on how to achieve your goals,
and avoid traps.
If you know of anyone who has a Note to convert to
cash,
contact
me for professional pricing. Remember, I will
pay referral fees at the least, and will also
split my
profits if you would like to "co broker" a Note
with me.
Copyright © H&P Capital Investments LLC
All rights reserved
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Tom Henderson-Note Investor
Buys Your Real Estate Notes
Remember, I pay referral fees on Notes If you
would like to "co broker" a
Note with me, I will split my profits with you.
ONLINE NOTE QUOTE
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Tom Speaks: Owner Financing Seminar in June
Tom will be giving his comprehensive seminar
on
"How To Get Rich with Notes and Owner
Financing" in
June. The details are being worked out.
Contact
Tom
next week for exact times.
Tom is also giving presentations to local Realtors on
how to use notes to increase sales. As usual, Tom's
no-nonsense approach is being well received. If you
would like Tom to speak at your real estate
office,
please
contact us to make arrangements for time and
place.
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Note Professor Notebook
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Definition: 30/360
An interest rate accrual method in which the interest
calculation assumes that all 12
months of a calendar year have 30 days and uses a
360-day year. An Actual/360 interest
calculation charges interest for all 365 calendar days
using a 360-day year. Therefore,
borrowers pay 5 days less interest than under
Actual/360. The Actual/360 interest
calculation produces an effective interest rate that is
12 basis points higher than that
produced by the 30/360 interest calculation
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