Hi Jackie and group,
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, Hope the Holiday season is treating you well.
, We are starting to do some private lending on a small scale and something came to mind. I know when borrowing we always try to put a ‘first right of refusal’ in notes so that if the note was sold at a discount we would have the opportunity to get the note paid off or refinanced at the discount first before a note buyer. WELL when lending, do you have any info/feedback on something similar? Except perhaps it would be a right to meet the terms of any new refinancing? OR if the borrower sells the property could we get first right of refusal to purchase it (in the event they sold as a distressed sale). OR anything else we should think about including? We have the assignment of rents, proof of insurance, etc but was trying to think of any other creative clauses we could add to improve our position or future position.
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, Thank you for the feedback!