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What kinds of property do hard money lenders lend on?

In the modern age of finance, not all forms of lending involve the distinct transfer of cash from one individual to another. The contemporary world of lending sometimes makes borrowers look elsewhere from traditional forms of financial assistance, which can sometimes be out of range for the prospective recipient. In many instances, hard money is a viable option in order to turn one’s financial vision into a reality.

Hard money lending is a concept known almost exclusively in the United States. The distinction between hard and soft money lies in the fact that the transfer of hard money does not involve banks, credit unions, or regulations. This kind of borrowing entails a short-term loan bestowed to a borrower by a private investor where the funds are secured within real estate, as opposed to initially being in cash.

What Do People Use It For?

The system of bitcoin loans borrowing is prominent in the industry of commercial real estate. For property owners in this field, taking the hard money route is usually a somewhat desperate means for these lenders to produce capital off somethings that they are already in possession of. This became a far more relevant way to lend than before in the 1950’s, a time when the United States credit industry was undergoing some serious changes. The use of hard money in these transactions, however, became even more relevant later on during the following century.

The effects of the 2009 mortgage crisis on the economy and the passing of the Dodd Frank Act had a vast impact on the forms of property that hard money is typically used for in the present day. At this time, the banks were placing such strict levels of regulation on the process of qualifying for a mortgage that countless members of the workforce went looking for an alternative. This background has a very strong correlation with the heavy use of of hard money on real estate in the present market. Since the lenders of hard money chose to operate strictly under business interests or commercial loans, which greatly reduced the risk of lenders such as this falling subject to federal regulations.

The Tendencies Of Hard Money Investors

Many people tend to mistake a hard money loan for a bridge loan. While the two have apparent similarities, they are used in different contexts for different types of property. Hard money tends to make reference to asset-based loans with very high interest rates. Moreover, it is quite common for loans of this nature to accompany an undesirable financial situation such as an existing mortgage, bankruptcy, and foreclosure. The overwhelming majority of business projects that are based in hard money loans last from a few months to a few years. The relatively short life of investment projects such as these is due to the faulty situations they typically stem from.

It is apparent that hard money lenders are more drawn toward property that has a higher overall risk for the recipient of the funding than, for example, a federal loan. The lack of regulation from the governmental end leaves the lender with increased amounts of flexibility in his investment. For instance, the process of loaning hard money prevents lenders from having to commit to a comparably larger property investment right off the bat. On the opposite side of the spectrum, borrowers of loans like these have a far easier time establishing their eligibility. In the long run, though, investing money this way allows an investor to put down fractionally less capital in multiple situations than if he were allocating soft money.

Closing Statement

The most significant basis for carrying out a hard money loan is the liquidation value of the assets that serve as the foundation of the loan. This is ultimately what produces results for both parties of the investment and keeps the system running. In addition, this dynamic contributes to the manner in which hard money is allocated. The heavy dependence that the industry has on liquidation values keeps private investors returning to the real-estate market to generate revenue. The housing market fits the bill, and these forms of investments will likely to continue to prosper within the Unites States economy.

Are Merchant Cash Advances Illegal?

A merchant cash advance is a tool that businesses can use to gain access to capital. It is considered to be a form of factoring. This means that a factoring company will buy accounts receivable at a discount. In this scenario, the receivable is funds from credit card transactions conducted over a given period of time. While factoring companies may impose limits on who they will work with, a merchant cash advance is generally not illegal.

How Do These Transactions Work?

The first step involves a business sending in an application for a cash advance. The application will provide information about the company and what types of products or services that it offers. It will also tell the factoring company how long the business has been around as well as its average credit card transactions over the past six months.

If the factoring company approves the advance, it will deposit funds into the advance recipient’s bank account. The advance is paid back with a percentage of credit card revenues earned per day. A fee of about 10 to 15 percent is charged by the factoring company as a condition of buying the accounts receivable.

This Is Not a Loan

The reason why merchant cash advances are generally allowed under current law is that they are not loans. Therefore, they are not considered to be usurious regardless of the fees that a factoring company may pay. Usury laws are designed to protect borrowers from being charged outrageous interest rates or other fees that prevent them from repaying the principal balance.

Repayment Varies Based on Sales Figures

In 2017, a federal court in New York ruled that merchant cash advances are legal because repayment is based on continued sales. Let’s say that a factoring company had a hold back rate of 15 percent. This means that it would take 15 percent of credit card gross revenue generated in a day. If a business made $1,000 on Monday, it would owe $150 that day.

If it made $100 on Tuesday, it would owe $15 that day. As there is no fixed payment, there is no guarantee that the funding company would see its money back. Therefore, the law generally sees this type of transaction as a sale as opposed to a loan, which means that there is a lot less regulation.

Is There Any Regulation of Merchant Cash Advances?

As a general rule, the only thing that governs a merchant cash advance is the contract that you sign with the factoring company. Therefore, it is important that you read it carefully and ask any questions that you have before signing it. It may also be possible to have it reviewed by an attorney prior to agreeing to it.

Since there are no formal federal regulations regarding such advances, you could have little legal recourse once the agreement goes into effect. However, if your business struggles to repay the advance in a timely manner, the factoring company may also have little recourse. In most cases, it won’t come after a business that doesn’t have the means to pay.

It is important to note that there is no collateral needed to obtain a merchant cash advance. Therefore, your company won’t risk losing equipment or other assets for failure to repay the advance. Of course, there is always a chance that a factoring company may sue, which could cost time and money that a small business may not have to lose.

Small businesses that are looking to get easy access to capital should strongly consider merchant cash advances. While there are pros and cons to obtaining them, they are often upheld as legal on the state and federal level.