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Foreclosure Essentials

What Every Hard Money Borrower Should Know About Finding and Buying Distressed Properties

Bridge loans are often used to purchase distress properties, but this does not mean that buying distressed properties is automatically a good deal for a hard money borrower. There are four main categories of distressed property that a borrower may be interested in and each of these categories has its own unique benefits and risks that […]

Deficiency Judgments: What you don’t know can hurt you! Part 2 Commercial real estate loans


In Part 1 of this blog we discussed what a personal guarantee can mean in a residential loan. In this section we discuss what they can mean in a commercial loan.  For a borrower of commercial real estate loans signing a personal guarantee is much more complicated and it is highly important to understand what […]

Deficiency judgments: what you don’t know can hurt you! Part 1- Residential loans

Deficiency judgements help investors fund real estate transactions for residential properties

Almost all real estate loans – commercial and residential – require a personal guarantee .While this aspect of the loan is possibly the single most important facet of a real estate loan that borrowers should understand, it also tends to be one of the least discussed and least understood parts  of real estate lending. There […]

Colorado’s Public Trustee System: What is it? How does it work? What Colorado hard money borrowers need to know?


Colorado is the only state in the United States that uses a “Public Trustee” for foreclosures.  This system of managing foreclosures has been in place in Colorado since 1873. The same silver boom and then bust that helped create the legend of Molly Brown brought about the creation of the Public Trustee system in Colorado […]

Delinquency, Default, Foreclosure, and Bankruptcy – What’s the difference?

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When discussing real estate mortgages, these terms all have similar yet distinctively different meanings, even though the terms tend to be used somewhat interchangeably. Delinquency Real estate delinquency, or as it is sometimes called a “late payment”, happens when a borrower fails to make a payment in a timely way.  Typically monthly payments must be […]

Mortgage Forbearance Agreements: What are they and how can they benefit Colorado commercial real estate borrowers?


The term “forbearance agreement” is a technical legal term for an agreement between a lender and a borrower.  The real estate forbearance agreement is used when a lender on commercial real estate loans agrees to postpone foreclosure on a delinquent loan in return for certain promises made by the borrower. For example:  a borrower has […]

Deed in Lieu: What is it – how does it work – why do real estate lenders and borrowers use it?


Real estate lenders, attorneys and owners often use the phrase “Deed in Lieu” to stand for the legal process of the borrower giving a deed to their property instead of forcing the lender to go through the more formal foreclosure process.  Understanding “What is a Deed in Lieu” is crucial for any borrower. Furthermore, there […]

The Real Estate Foreclosure Process – Part Two


In part one of The Real Estate Foreclosure Process, we began discussing the foreclosure process in Colorado. The process for hard money lenders starts with the issuance of a demand letter, then the foreclosure is filed with the Public Trustee, and after that the borrower and all other creditors are notified. This article will rejoin […]

The Real Estate Foreclosure Process – Part One


When a borrower decides to take out any type of commercial real estate loan, it is crucial they understand the fundamentals of the foreclosure process. It doesn’t matter whether borrowers choose to borrow from private capital lenders or institutional lenders; there are real risks involved. Understanding the foreclosure process help both real estate lenders and […]