Mortgage Note Investing

How to Invest in First Trust Deeds: Benefits & Risks Explained

Discover the essentials of investing in first trust deeds, including key benefits, potential risks, and expert tips for getting started.

First trust deeds are loans made to commercial real estate borrowers, typically real estate investors, flippers, and developers, secured by the underlying property.

Investing in first trust deeds involves either issuing loans to commercial borrowers or purchasing them from a lender — the entire loan or a partial stake — and collecting principal and interest payments from the borrower. First trust deed investing offers three key benefits:

  1. 10% to 14% annualized returns: Interest rates on short-term commercial loans range from 10% to 14%, significantly higher than traditional investments like stocks, bonds, and high-yield CDs.
  1. Strong principal protection: First trust deed investors have a primary claim on the underlying property in the unlikely event of default. If borrowers stop paying, investors can sell the property and use the proceeds to recover their capital, making first trust deeds safer than most investments with 10% to 14% annualized returns.
  1. Short-term investment horizon: Because commercial loan terms are typically 6 to 18 months, investors can quickly access their capital instead of being locked into a long-term investment. This offers flexibility to reinvest, reallocate, and withdraw funds more frequently.

The main drawback to originating or purchasing entire commercial loans is the capital requirement — property prices in the U.S. mean investors need at least a couple hundred thousand dollars.

This is why Constitution Lending is working to make first trust deed investing more accessible. Investors seeking passive income can purchase fractions of the loans we originate, starting with just $1,000, and experience all the benefits of first trust deed investing.

This article covers everything you need to know about first trust deed investing, including its benefits, potential risks, due diligence strategies we recommend, and tips for getting started.

Constitution Lending has originated over $200MM in commercial loans since 2018. Due to the quality of our loans (low LTV, high credit scores), our investors have never experienced a principal loss. Create an investor account to get started.

Benefits of Investing in First Trust Deeds

10% to 14% Annualized Returns

As previously noted, interest rates on short-term commercial loans range from 10% to 14%. Loan investors receive interest payments over the 6 to 18-month loan term, offering higher returns compared to stocks, bonds, and CDs.

Commercial borrowers are willing to pay this higher interest rate for two reasons:

  1. Simpler qualification process: Regulations like the Dodd-Frank Act have forced banks to tighten lending criteria, making it harder for commercial borrowers to finance property renovations and new developments. By providing reliable financing, private lenders can charge higher interest rates.
  1. Fast closing times: Large banks often take 75+ days to close a deal, preventing borrowers from capitalizing on undervalued commercial properties. To close quickly, borrowers are willing to accept the higher interest rate.

Strong Principal Protection

First trust deeds offer strong principal protection backed by the underlying investment property. If borrowers stop paying, investors can take ownership of and sell the property to recover their investment.

First trust deed investors are also first in line to receive proceeds from the sale, paid in full before junior lienholders or the property owner.

At Constitution Lending, we place a payment guarantee on all our loans. If borrowers default, we pay up to six months’ worth of payments out of our own pocket. During this period, we resolve the debt through loan acceleration or foreclosure. We are the only lender offering this level of protection.

Short-Term Investment Horizon

Borrowers repay commercial loans within 6 to 18 months, enabling investors to quickly receive their principal and returns. This flexibility allows reinvestment into more loans or allocation to other investments based on interest rate fluctuations and market conditions.

Small Minimum Investment

By fractionally investing with a lender like Constitution Lending, investors can access the benefits of first trust deed investing with just $1,000.

In contrast, traditional first trust deed investing typically requires hundreds of thousands of dollars to originate or purchase loans. For example, originating a 70% LTV loan for a $600K property would require $420K.

No Need to Source, Underwrite, or Service Loans

Loan origination requires finding high-quality borrowers, underwriting their financials, servicing the loan, and potentially foreclosing if the borrower defaults.

This is impractical for the average full-time investor seeking high yields and passive income.

With fractional investing, investors can buy into the loans we’ve already originated. We handle sourcing, underwriting, and servicing, enabling investors to earn passive income.

Risks with Investing in First Trust Deeds

The main risk with investing in first trust deeds, or any real estate debt, is that if the property’s value falls below the outstanding loan balance and the borrower defaults, investors may not be able to recover the full balance by selling the property.

To mitigate this risk, we recommend investing in low LTV loans, preferably below 75%.

LTV (loan-to-value) is a ratio that divides the outstanding loan balance by the property’s value. For example, if a loan’s balance is $750K and the property is worth $1MM, the LTV would be 75%.

Low LTV loans are safer because there’s more collateral backing the loan and more borrower equity to cushion any losses in property value.

For instance, investing in a 75% LTV loan means the underlying property can lose 25% of its value within the 6 to 18-month loan term — which is very rare in the U.S. — and investors can still recover the entire unpaid balance by selling the property.

That said, borrower defaults are rare if you invest in high-quality first trust deeds — loans with high borrower credit scores, strong repayment histories, and prior real estate experience.

Constitution Lending exclusively originates loans with LTVs of 75% or less, offering investors significant downside protection.

Read more: How to Invest in Hard Money Loans: A Comprehensive Guide

Tips for Investing in First Trust Deeds

  1. Only invest in low-LTV loans: Consider the LTV of a loan and only invest in loans with an LTV lower than 75%. This way, investors are protected by a 25% borrower equity buffer.
  1. Diversify across multiple loans: Avoid placing too much capital into a single loan and, instead, diversify across multiple borrower demographics, loan types, and risk profiles. If a few loans don’t perform, your other investments can continue generating stable interest payments.
  1. Diversify across multiple locations: We advise considering the location of the loans you’re investing in and diversifying across various locations. This way, if one city or state experiences a drop in property value (maybe due to a natural disaster, shifts in local demand, or new zoning laws), your investment portfolio can still generate dependable income.
  1. Consider the borrower’s credit score: Evaluate the borrower’s credit score before you invest in a loan because it’s a good indicator of their ability to repay loans. We recommend investing in loans with a credit score of 680 or higher.
  1. Consider the lender’s default rate: If you’re investing fractionally with a lender, assess the lender’s default rate (the percentage of borrowers who stop paying) — it demonstrates the quality of the loans they originate. The average default rate in the U.S. is 4% — Constitution Lending’s default rate is just 2%. It’s very unlikely borrowers will default.
  1. Verify whether the lender is co-invested with you: We do not recommend purchasing first trust deeds through mortgage brokers or online marketplaces. They don’t have their own money invested in the loans featured on their platform. They let almost any seller list loans for sale, even if they are low-quality. Instead, we suggest only investing with lenders who have their capital in the same loans as you. This means that their financial success depends on the loans you invest in, ensuring loan quality.

How to Start Investing in First Trust Deeds

Invest Fractionally with a Lender

Purchasing fractions of loans originated by a lender is the best way to invest in first trust deeds for most investors because:

However, the greatest advantage of fractional investing with Constitution Lending is access to high-quality, low-LTV loans issued to creditworthy borrowers with long repayment histories.

We originate all the loans on our platform with our own capital — we are co-investing alongside you. Our financial success is directly tied to the performance of your investments, ensuring the highest-quality loans.

In addition, we offer a payment guarantee feature that provides cash flow if the borrower defaults. This ensures you receive fixed income throughout the entire loan term.

Here’s what investors say about our first trust deed options:

Constitution Lending Reviews

How to Invest with Constitution Lending

  1. To get started, register for an investor account, complete your profile, and connect your bank or retirement account. After setting up your profile, you’ll gain access to the dashboard.
Investor Dashboard Properties example

  1. Here, you can see all available investment opportunities and key details such as interest rates, LTV, loan terms, and risk assessments.
  1. By selecting a loan (fix-and-flip, construction, or bridge loan), you can view an in-depth summary that includes yield to maturity, total loan amount, property value, as-is and after-repair LTVs, rehab costs, and the borrower’s credit history and payment record.
Yield Details and Deal Summary

  1. Once you’ve reviewed the loan details, click the “Fund This Loan” button and specify your investment amount.
  1. After making your investment, you’ll start earning monthly payments, credited to your Constitution Lending wallet on the first of each month. From there, you can either withdraw your earnings or reinvest them into more loans.
  1. At the end of the loan term, you are in the first position to receive your principal investment.

Originate Private Money Loans Yourself

Loan origination can be a viable option for experienced real estate debt investors. These private investors have access to a network of high-quality commercial borrowers and can lend money to fund real estate projects. They also possess a strong understanding of underwriting, loan servicing, and managing the foreclosure process if necessary.

Purchase Deed of Trusts on Notes Marketplaces

Although we don’t recommend purchasing notes on marketplaces due to their poor quality, it remains an option for many private investors. Notes platforms and mortgage brokers connect first-lien deed sellers and buyers, allowing investors to browse for loans and make purchases.

However, because note marketplaces simply connect buyers and sellers without investing alongside you, this is a risky option — you’re likely purchasing loans on the brink of default.

It’s much safer to invest with a commercial lender like Constitution Lending, who owns the majority of the loan. Our financial interest is directly aligned with yours.

Purchase Loans from a Bank

Banks often pool hundreds of loans together in a portfolio sale and sell them to accredited investors.

The main drawback of this approach is the high minimum investment requirement, typically at least $2MM, making it impractical for non-institutional investors.

Invest in First Trust Deeds with Constitution Lending

Start investing in fractions of the commercial loans we originate by signing up for an investor account.

QualificationRequirement
Minimum and maximum loan amount $150,000 to $3,000,000
Type of propertyNon-owner occupied single-family, multi-family, and 5-8 unit properties