Private Money Lenders in New Jersey

Are private money loans business-purpose loans?

Private loans on investment property are usually business-purpose loans and are often made to an LLC. The rules and disclosures that apply differ from a home loan, so ask the lender, and your attorney, which ones govern your deal. Business purpose does not mean anything goes. State laws on lending, interest and foreclosure can still apply, and the written agreement still controls.

What is the difference between private money and hard money?

The terms overlap. Private money usually describes funds from an individual or a private fund, sometimes someone you know. Hard money usually describes companies that make asset-based, short-term loans as a business. Both focus on the property more than your income, and both tend to cost more than licensed bank or mortgage loans in exchange for speed. The paperwork and lender vetting matter in either case.

Does a private money loan need to be recorded?

If the loan is secured by real estate, the mortgage or deed of trust should be recorded in the county records. Recording puts the lien on public record and sets its priority against other claims on the property. An unrecorded loan can create problems for both the borrower and the lender later. A title company or attorney can handle recording as part of closing.