Do you know about - Promissory Note evaluation Valuation - Basic Factors
State Farm Insurance Quote! Again, for I know. Ready to share new things that are useful. You and your friends.The Fair market Value of a promissory note is dependent on three key elements-enforceability, collectability and marketability.
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Attorney Training
Most attorneys are trained to draft promissory note loan documents that are enforceable in a court of law. But, that is only providing one-third of the requisite valuation features that the client absolutely needs. The supplementary valuation features required are that the note be collectable and marketable. Most attorneys have minuscule actual experience in structuring the notes for collectability and marketability.
Generally, promissory note valuation engagements require a measurement of the Fair market Value of the note. Fair market Value is defined as:
Definition of Value
"The price, expressed in terms of cash equivalents, at which asset would turn hands between a hypothetical willing and able buyer and a hypothetical willing and able seller, acting at arms length in an open and unrestricted market, when neither is under promulgation to buy or sell and when both have reasonable knowledge of the relevant facts."
No market Place
The first challenge that the valuation master must deal with is that there is no recognized market place when private promissory notes are bought and sold. There are stock markets, bond markets, and commodity markets, but there is no private note market. These notes turn hands informally, based on one-on-one negotiations, between the parties. In order to even procure a tentative offer or quote from a possible buyer, the seller must first search the literal, man or entity that understands the specifics of the note being offered and has the capital to make a bona fide offer.
Typically, note buyers tend to be specialists, because the private notes are each specially tailored to a specific company transaction-each note is unique. As an example there are farm and ranch note buyers, single family home note buyers, company sale note buyers, and market and market note buyers. Some note buyers only deal with private notes, some only with packages of notes, some only with small denomination notes, and some with only large denomination notes. Some only deal in one state, some only in one region, and some deal nationally.
Analysis of Collateral Security
The second challenge that the valuation master must deal with is the diagnosis and assessment the collateral security and the documentation supporting the promissory note. There are numerous documents and facts needed: in order to value a promissory note the master doing the valuation must have as much facts as possible relating to the specific transaction that originated the note. Additionally, the valuation master needs all the documentation ready that supports the note's value and relates to its terms, collectability, and enforceability.
Additional Components to Analyze
Being able to analyze the following items and documents are vital to determining the Fair market Value of a promissory note.
Collateral security Information: assessment description Title insurance Report
Borrower's credit and Financial Information: credit Score Work History revenue Statement equilibrium Sheet
Promissory Note Information
Copy of the Note
Copy of the Deed of Trust/Mortgage
Copy of any associated Documents--Assignment of Rents, etc.
Copy of the cost History-- Payments Past Due
Valuation Date-Date of valuation has a huge impact on the conclusion
Other important Documents Copies of other important documents such as probate documents, executor and Personal Representative documents, disunion documents, partnership documents, disillusionment documents, Bankruptcy documents, etc.
The Most important Elements in Determining the Value of a Note Loan to value ration
Down cost number and the asset used as the down payment
Vale of the collateral security
Position or rank of the encumbrance---1st position, 2nd position
Size of the note
Mortgage's Title insurance Policy
Credit history and financial history of the borrower
Payment history on the note
Interest rate of the note
Term/length of the note
Late cost penalty clause in the note
Due on replacement clause
Default interest rate
Default variety costs provision
Holder In Due course status
Why Are Promissory Notes Appraised?
There are numerous business, taxation, and legal reasons why a promissory note valuation is required. List below are examples:
Bankruptcy
Mortgage Fraud
Marital Dissolution (Divorce)
Probate & Wills
Trusts
Gifts
Irs Estate Tax Filing 706, 709, 8283
Estate Planning
Fractional Valuations
Estate community Valuation for Divorce, Partnership, and Irs Taxation issues etc.
Accounting Matters - equilibrium Sheet Promissory Note Valuations
Conclusion
Determining the fair market value of Promissory Note is as much an art as a science.
Each note has its own unique terminology, collateralization, and history. The investors that contain the market for these private notes are a small, fragmented, and specialized group. The assorted techniques that can use in determining the value of a note are like mechanic's tools. The one to use depends on the situation and your goal. Just as no mechanic's tool is accepted for every job, neither is any one valuation technique accepted for every situation. Each valuation technique has advantages and disadvantages, and most are only useful in a narrow range of circumstances.
It is probably definite now that the valuation of a promissory note is influenced by many, many facts, documents, and assumptions. Further, it should be clear that the "value" of any note is tied to the valuation definition being used. As an example, a valuation that would satisfy man receiving a note as a gift might not satisfy the Irs for taxation purposes; the valuation that would satisfy a father loaning his son down cost money probably would not satisfy a third-party pro note investor. Depending upon your specific legal and practical needs, elect a valuation master that has the training and the experience to delivery a defendable valuation report.
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