Risks & Disclaimers

1. Platform Role & Limitations

FIXnotes LLC ("FIXnotes," "we," "us," or "our") operates FIXnotes.com as a technology marketplace that connects buyers and sellers of whole mortgage notes. FIXnotes provides the platform infrastructure — including asset listings, search tools, educational content, and communication features — but is not a party to any transaction between users. All purchase and sale agreements are entered into directly between buyer and seller.

2. Not a Broker-Dealer or Securities Offering

FIXnotes is not a registered broker-dealer and is not registered with the U.S. Securities and Exchange Commission (SEC) or the Financial Industry Regulatory Authority (FINRA). FIXnotes does not offer, sell, or facilitate the sale of securities.

Mortgage notes listed on this platform are whole loans — the complete legal ownership of an individual debt obligation secured by real property. They are not securities, investment contracts, fractional interests, participation interests, or shares in a pooled investment vehicle. FIXnotes does not pool, fractionalize, or securitize mortgage notes.

3. Not a Loan Originator or Servicer

FIXnotes does not originate, underwrite, fund, or service mortgage loans. FIXnotes is not a mortgage lender, mortgage broker, or mortgage servicer as defined under the Secure and Fair Enforcement for Mortgage Licensing Act (SAFE Act) or any state equivalent. Buyers who acquire mortgage notes are solely responsible for arranging compliant loan servicing, including all borrower communications, payment processing, escrow administration, and loss mitigation activities required under applicable law.

4. No Investment, Legal, or Tax Advice

Nothing on this platform constitutes financial, investment, legal, or tax advice. All content — including asset listings, market data, educational articles, encyclopedia entries, blog posts, podcasts, videos, case studies, and consulting discussions — is provided for general informational and educational purposes only.

No information on this platform should be construed as a recommendation to buy, sell, or hold any particular mortgage note or financial instrument. Users should consult with qualified legal, financial, and tax professionals before making any investment decisions. Past performance of any mortgage note, portfolio, or investment strategy does not guarantee future results.

5. Due Diligence & Data Accuracy

Asset data displayed on the platform — including property location, unpaid principal balance ranges, lien position, loan status, property characteristics, and foreclosure timelines — is provided as available and may be inaccurate, incomplete, or outdated. FIXnotes makes no warranty regarding the accuracy, completeness, or timeliness of any asset data, market data, or state-level information presented on the platform.

Buyers are solely responsible for conducting their own independent due diligence — including but not limited to title review, collateral file audit, property valuation, borrower credit review, lien verification, tax status verification, and legal compliance review — before entering into any transaction. Submitting an offer through the platform does not create a binding agreement to purchase.

6. User Regulatory Compliance

The purchase, sale, and servicing of mortgage notes is subject to a complex and evolving patchwork of federal, state, and local regulations. Requirements vary significantly by jurisdiction and may include:

• Debt buyer licensing — States including California, New York, Illinois, Texas, Maryland, Nevada, and New Jersey require debt buyers to hold specific licenses. Maryland enacted new mortgage loan purchaser licensing requirements effective 2025.
• Mortgage servicer licensing — Non-bank entities that own or service residential mortgage loans may need state mortgage servicer licenses, even when servicing is outsourced to a third party.
• Transfer disclosures — Federal law (TILA and RESPA Regulation X) requires written notice to borrowers within specified timeframes when mortgage loan ownership or servicing transfers. Buyers and sellers are responsible for providing all required borrower notices.
• Consumer protection — The Consumer Financial Protection Bureau (CFPB) actively enforces mortgage servicing transfer rules and has held loan owners liable for servicer failures.
• State foreclosure laws — Foreclosure processes, timelines, redemption periods, and borrower protections vary by state. Buyers should understand the applicable legal framework before acquiring notes in any jurisdiction.

Buyers and sellers are solely responsible for understanding and complying with all applicable federal, state, and local laws and licensing requirements in every jurisdiction where they operate. FIXnotes does not provide compliance guidance and makes no representation that any transaction facilitated through the platform complies with applicable law.

7. Limitation of Liability

FIXnotes assumes no liability for the actions, representations, or omissions of any buyer, seller, servicer, or other third party. Under no circumstances shall FIXnotes be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from your use of the platform or any transaction between users, including but not limited to loss of investment, loss of anticipated returns, or legal or regulatory penalties.

For complete terms governing your use of this platform, see our Terms of Service, Privacy Policy, and Copyright Policy.

8. Contact

Questions about these disclaimers should be directed to:
support@fixnotes.com
FIXnotes, LLC, ATTN: LEGAL, 2001 Market Street, Suite 2500, Philadelphia, PA 19103