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Hard Money Loan Structures and Term Sheets

8 min
2/6

Key Takeaways

  • Hard money terms vary dramatically between lenders; always compare effective annual cost, not just rate.
  • Three interest structures: monthly IO, interest reserves (withheld at closing), and deferred interest.
  • Effective annual rate includes both interest and points: a 12% rate with 3 points = 15% effective first-year cost.
  • Rehab draws are released in 3-5 installments tied to construction milestones with a 10% holdback.

Hard money term sheets contain provisions rarely seen in conventional lending. Understanding these structures—from draw schedules to default provisions—is essential for evaluating whether a hard money loan supports or undermines the investment thesis.

Anatomy of a Hard Money Term Sheet

Anatomy of a Hard Money Term Sheet

A hard money term sheet specifies the loan amount, interest rate (typically quoted as an annual rate but paid monthly), origination points, term length, extension options, prepayment provisions, draw schedules for rehab funds, reserve requirements, and default/foreclosure provisions. Unlike conventional mortgages with standardized documents, hard money terms vary dramatically between lenders—a difference of 2 points and 2% in rate on a $200,000 loan translates to $4,000 in upfront cost and $4,000/year in interest, significantly affecting project profitability.

TermTypical RangeBest-CaseRed Flag
Interest Rate10-14%9-10% (strong borrower)>15% (predatory)
Origination Points1-3 points1 point>4 points
Loan-to-ARV65-75%75-80% (repeat borrower)>85% (excessive risk)
Loan-to-Purchase80-90%90-100% (100% financing)<70% (excessive equity required)
Rehab Holdback100% of rehab budget100% in 4-5 draws<80% of budget or lump sum only
Term Length6-18 months12-18 months with extension option<6 months (insufficient timeline)
Extension Fee0.5-1.0%One free 3-month extension>2% or no extension option
Prepayment PenaltyNone to 3 monthsNo prepayment penaltyYield maintenance or defeasance
Personal GuaranteeFull recourseNon-recourse >$500KUnlimited personal liability + cross-collateral
Minimum Credit Score620-680600 with strong deal>700 (defeats purpose of HML)

Hard money loan term benchmarks. Terms vary significantly by lender and borrower experience. Source: Private lender survey, National Private Lenders Association, 2024.

Interest Payment Structures

Interest Payment Structures

Hard money loans typically use one of three interest structures: monthly interest-only payments (most common), interest reserves where the lender withholds months of interest from the loan proceeds at closing, or deferred interest where all interest accrues and is paid at maturity. Monthly interest-only is simplest: on a $200,000 loan at 12%, the monthly payment is $200,000 × 0.12 / 12 = $2,000. Interest reserves are common for fix-and-flip loans where the property generates no income during renovation—the lender holds back 6-12 months of payments. Deferred interest is rare and expensive but eliminates carrying costs during renovation.

Hard Money Monthly Interest Payment
Monthly Interest = Loan Amount × Annual Rate / 12 Example: $200,000 loan at 12% Monthly Interest = $200,000 × 0.12 / 12 = $2,000 With 3 points origination: Upfront Fee = $200,000 × 0.03 = $6,000 Effective First-Year Cost = ($2,000 × 12) + $6,000 = $30,000 Effective Annual Rate = $30,000 / $200,000 = 15.0%
Rehab Draw Schedules and Holdbacks

Rehab Draw Schedules and Holdbacks

For fix-and-flip loans that include rehab funding, lenders release renovation funds through a draw schedule—typically in 3-5 draws tied to construction milestones. The borrower completes a phase of work, requests an inspection, and the lender releases the next draw after verification. Common draw structures include percentage-of-completion (draws based on % of total scope completed), milestone-based (draws at predefined project stages), and front-loaded draws (larger initial draw, smaller subsequent draws). A 10% holdback is common—the lender retains 10% of total rehab funds until all work is completed and a final inspection is passed.

Key Takeaways

  • Hard money terms vary dramatically between lenders; always compare effective annual cost, not just rate.
  • Three interest structures: monthly IO, interest reserves (withheld at closing), and deferred interest.
  • Effective annual rate includes both interest and points: a 12% rate with 3 points = 15% effective first-year cost.
  • Rehab draws are released in 3-5 installments tied to construction milestones with a 10% holdback.

Common Mistakes to Avoid

Not reading the full loan agreement and relying solely on the term sheet summary

Consequence: Hidden fees, prepayment penalties, extension costs, and cross-default provisions can drastically change the economics

Correction: Have an attorney review the complete loan agreement, especially default provisions, extension terms, and cross-collateralization clauses

Underestimating the total cost of a hard money loan by focusing only on the interest rate

Consequence: Points, inspection fees, draw fees, extension fees, and minimum interest charges can add 3-5% to the effective cost

Correction: Calculate the all-in cost: interest + points + fees + minimum interest charge, divided by the expected hold period, to get the true annualized cost

Test Your Knowledge

1.What is a "draw schedule" in hard money lending?

2.What does "points" mean in a hard money term sheet?

3.What is the typical term length for a hard money loan?