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Depends on the state and circumstance

Posted by John Behle on June 11, 2003 at 8:23 PM

In Reply to: Buying 2nd Trust Deed Notes posted by ken on June 11, 2003 at 7:33 PM

I'm not Ward, but know a little about buying notes.

Restrictions and laws apply to selling notes. I know of no
laws in any state that limit buying. Selling notes is the
tricky part. No matter what you hear on infomercials or
expensive seminars, there are some restrictions, but they
vary state to state and change from time to time. It would be
important to know what state you are in and also who you are
looking to sell to. There are some exemptions as to who you
sell to. Selling to banks, institutions or national note
buyers is different than selling to individuals. In most cases
you are ok to sell to established note buyers.

Securities, mortgage and real estate licensing laws are designed
to protect individual investors - the widows and orphans. In
some states you are ok if you actually buy and resell a note in
your own name. Some draw the line at commissions and referal fees.

Basically, it isn't as cut and dried as some would have you believe.
They usually have expensive courses, seminars or services related
to brokering notes that they want to sell you. If you are looking
at brokering notes in a certain state, you need to know and comply
with the laws. The good news is most don't have any specific laws.

At the same time, the greatest profits in notes is investing in
them instead of brokering them. Brokering notes is a job and not
necessarily a high paying one. Investing in notes is building
towards a future and retirement. The good news is that you can
invest in notes and get paid daily to do it. Just as you buy a
note for one price and sell it for higher price, you can usually
finance it for the same amount. You end up with the same amount
of cash up front. It isn't taxable and you have all the future
potential of fixing up or improving the notes. It's a much, much
better way to go. It's just a process of learning alternative
ways to fund and borrow against notes. It's easy to do.


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