Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Private & Hard Money Lending

Valuable Insight and Information About Private & Hard Money Lending

Dan has given 350 seminars, written books, sponsored legislation, and penned technical articles on real estate and lending. Dan’s website provides reliable information and guidance.

Brokers and agents play a crucial role in this subset of the lending industry, making and arranging loans funded by private investors and secured by real property. They operate as intermediaries with fiduciary responsibilities, facilitating the lending process. The lending criteria in this subset are more property/equity-driven and less credit/income-driven.

Search Results

SB-748: Safe Parking Sites and Local Responsibility for the Unhoused

California Senate Bill 748 (SB-748), signed into Law in September 2025, marks a significant expansion of the state’s approach to homelessness—specifically addressing the needs of individuals living in vehicles. The bill modifies the existing Encampment Resolution Funding (ERF) program to include support for safe parking sites, offering local jurisdictions new tools to manage and assist vehicle-based homelessness.

Too Good to Be True: The Anatomy of High-Yield Investment Scams

Governor Gavin Newsom signed 794 bills in 2025, spanning a Wide Range of Policy Areas.

The Governor never met a new regulation designed to control every element of human experience that he didn’t like. The control in California of the human experience moves one step further toward the Communist Chinese Party experiment. Tax, regulate, and provide a safety net for those who don’t want to work. They will come in groups, and I will maintain control over them. They will vote for me because I represent a life-line hammock.

SB-21: Reforming Single-Room Occupancy Housing and Homeless Assistance- Quick Read

California Senate Bill 21 (SB-21), authored by Senator Maria Elena Durazo and signed into Law on 10 October 2025, represents a significant update to the state’s housing policy. The bill addresses the rehabilitation and replacement of Single-Room Occupancy (SRO) units, a critical housing resource for extremely low-income and homeless individuals. It amends provisions of the Housing Crisis Act of 2019 to allow flexibility in redevelopment while maintaining affordability protections.

SB-21 (2025): How Sacramento Rewrote Single Room Occupant (SRO) Rules—And What It Means for Housing, Finance, and Cities- Technical Read

SB-21, signed on 10 October 2025 (Chapter 511, Statutes of 2025), updates the Housing Crisis Act framework to allow jurisdictions to rehabilitate and replace single-room occupancy (SRO) buildings with more flexible unit replacement rules. This update, while securing long-term affordability and strengthening tenant protections, ensures a fair and balanced approach for all stakeholders. Most provisions take effect on 1 January 2026 (the regular effective date for non-urgency statutes).

AB-628: Working Refrigerators and Stoves Become Mandatory in Most Rental Homes (Effective 1 January 2026)- Technical Read

AB-628: Mandatory Refrigerators and Stoves in Rental Units Starting 2026- Quick Read

How California Legislative Bills Get Proposed, Written, and Submitted for Approval.

Stop, and Go Dynamics in Business:

The phrase “Stop, and Go” is not just a simple expression, but a concept of profound importance in various aspects of life, particularly in the dynamic world of business. Its literal and metaphorical uses carry significant implications, shaping the way we understand and navigate the business landscape.

How to Locate, Vet, and Negotiate with Private Money Lenders: The Key to Secure and Confident Real Estate Financing, Packed with Valuable Insights

(A Borrower’s Handbook)

AB-326: California Balcony/Exterior Elevated Elements (EEEs) Inspection and Repair, Compliance

SB 326 vs. SB 721-What Property Owners/HOAs Must Do

A Collision of Good Intentions, Bureaucracy, and Market Reality with Far-reaching Consequences: California’s Entitlement Feed Back Loop

SB-808: Accelerating Judicial Review for Housing Development Disputes- Technical Read

California SB-770: Removing Barriers to EV Charging in Common Interest Development- Quick Read

California SB-748: Technical Framework for Safe Parking and Encampment Resolution- Technical Read

California SB-748: Expanding Safe Parking and Accountability in Homelessness Program- Quick Read

SB-655: Setting a Safe Indoor Temperature Standard for Homes-Quick Read

A Dramatic Shift in Real Property Development is Upon Us

California is on a mission to install millions of high-density stack-and-pack apartment dwellings and affordable housing units to conform to the vision outlined by former President Obama, as outlined in the Affordable Furthering Fair Housing (AFFH) initiative. Stack up to the heavens, and they will come.

SB-634: Protecting Humanitarian Aid and Support Services for Unhoused Californians- Quick Read

SB 543: Streamlining ADU and JADU Development Across California- Quick Read

SB-507: Integrating Tribal Housing into California’s RHNA Framework-Quick Read

SB-489: Addressing California’s Housing Crisis by Streamlining Approvals and Enhancing Transparency-Quick Read

SB-358: Reforming Traffic Impact Fees to Promote Transit-Oriented Housing- Quick Read

SB 340: Strengthening Emergency Shelter Requirements in California Housing Elements-Quick Read

SB-262: Expanding California’s Pro-Housing Designation Program- Quick Read

SB-92 Housing Development: Reforming Density Bonus Law- Quick Read

AB-1308: Accelerating Housing Delivery by Fixing Inspection Bottlenecks- Quick Read

AB-1296: Unlocking School District Land for Affordable Housing- Quick Read

AB-1275: Aligning Housing and Transportation Planning for Sustainable Growth- Quik Read

AB-1154: Streamlining Junior Accessory Dwelling Units to Boost Housing Supply- Quick Read

AB-1414: Giving Renters the Right to Opt Out of Landlord-Imposed Internet Plans- Quick Read

AB-1061: Balancing Housing Growth and Historic Preservation- Quick Read

AB-1050: Technical Analysis of California’s Reform on Unlawfully Restrictive Covenants- Technical Read

AB-1050: Removing Barriers to Housing by Tackling Restrictive Covenants- Quick Read

California’s housing shortage isn’t just about zoning—it’s also about outdated property covenants that block redevelopment. AB 1050 targets these hidden barriers to unlock new housing opportunities

AB-1021: Leveraging School Property to Address California’s Housing Crisis-Quick Read

Repurposing underutilized school property into workforce housing.

AB-920 and California’s Digital Pivot: Centralized Permit Portals for Housing Development- Technical Read

AB-920: California’s Push for Digital Permit Streamlining in Housing Development- Quick Read

AB-893: Expanding Streamlined Housing Development to Campus Zones

AB-790: A Crucial Step in Protecting Single Mothers and Children from Homelessness

AB-712: Strengthening Enforcement of California’s Housing Reform Laws

AB-678: Advancing Inclusive Homelessness Policy in California

AB-610: Technical Analysis of California’s Housing Element Disclosure Mandate- Technical Read

AB-610: Enhancing Transparency in Housing Element Constraints- Quick Read

AB-507: Unlocking Adaptive Reuse for Housing Production- Quick Read

AB-480 — Personal Income Tax Law • Corporation Tax Law • Insurance Tax Law: Low Income Housing Tax Credit (LIHTC)

A full-length policy analysis for developers, investors, local officials, and housing advocates (October 2025)

AB-480: Modernizing California’s Low-Income Housing Tax Credit Program- Quick Read

AB-463 (likely AB 462): Speeds Approvals for Coastal & Disaster Area ADUs

A complete length policy analysis for homeowners, local officials, lenders, and advocates (October 2025

AB-463: Accelerating ADU Permits in Coastal Zones and Disaster Recovery Areas- Quick Read

AB-457 — Addressing Farmworker Housing Shortages in California’s Central Valley

A full-length policy analysis for practitioners, local officials, lenders, and advocates (October 2025)

AB-457: A Game-Changer for Farmworker Housing in Fresno, Madera, and Merced- Quick Read

AB-413: Translating State Housing Guidance into California’s Major Languages

A full-length policy analysis for practitioners, advocates, and local officials

AB-413: Expanding Language Access in California Housing Policy- Summary Read

Assembly Bill 413 (AB-413), introduced by Assemblymember Mike Fong during the 2025–2026 legislative session, addresses a critical barrier in California’s housing policy: language accessibility. The bill mandates that the California Department of Housing and Community Development (HCD) translate its public-facing guidelines into the non-English languages spoken by a substantial number of residents. This measure aims to ensure that all Californians—regardless of language proficiency—can understand their rights and access housing-related services.

California AB-301: Residential Private Permitting Act and Post-Entitlement Phase Permits

California is currently grappling with a severe housing crisis, a pressing issue that has prompted lawmakers to take action. Assembly Bill 301 (AB-301), authored by Assembly Members Pilar Schiavo and Robert Rivas, is a significant step in this direction. It expands existing housing approval reforms by imposing strict timelines on state agencies for permits issued during the post-entitlement phase—mirroring requirements already applied to local governments

California AB-36: Housing Elements and the Pro-housing Designation Program

California continues to push for accelerated housing production and affordability through legislative reforms. Assembly Bill 36 (AB 36), authored by Assembly Member Esmeralda Soria, strengthens the Pro-housing Designation Program (PDP) by shifting from temporary emergency regulations to permanent rules and expanding incentives for jurisdictions that adopt pro-housing policies.

California AB-87: Housing Development and Density Bonuses Explained

California continues to push aggressive housing reforms to address its affordability crisis. Assembly Bill 87 (AB 87), authored by Assembly Member Tasha Boerner, amends the state’s Density Bonus Law (DBL) to clarify how incentives apply to mixed-use developments and affordable housing projects.

California SB-79: Transforming Housing Near Transit Hubs

On 10 October 2025, Governor Gavin Newsom signed Senate Bill 79 (SB-79) into Law, marking one of the most significant housing reforms in California’s History. Authored by Senator Scott Wiener, SB-79 aims to tackle the state’s housing affordability crisis by upzoning land near major transit stops and streamlining development in transit-rich areas.

California’s New Building Standards: How State Mandates Are Reshaping Property Rights and Neighborhoods

California building standards, Title 24 compliance, electrification mandates, zoning changes, erosion of property rights, high-density housing, progressive energy codes, natural gas bans, and real estate development in California.

(The Borrower’s Playbook) How to Find, Vet, and Negotiate with Private Lenders: The Key to Secure and Confident Real Estate Financing

The Road Less Traveled—10 Practical Lessons for Modern Life and Work- Complete Version

Peck organizes his ideas into four pillars—Discipline, Love, Religion (as a personal worldview), and Grace—and uses clinical anecdotes to illustrate how everyday people can transform their lives by living these principles. Below is a detailed, practical guide that translates his framework into ten actionable lessons you can apply at home, at work, and in your community.

The Road Less Traveled. Lessons in Real Estate Finance. “Life is difficult.” — M. Scott Peck.

Markets shift—insurance costs spike. Regulators rewrite the playbook. These are the challenges that real estate finance professionals face regularly.

Setting Up an Operational Manual for a Company’s Marketing and Promotion Efforts:

The objective is to provide a clear roadmap of the company’s marketing objectives, enabling associates, employees, and vendors to participate and contribute to the company’s success proactively.

AB-130: The New California Law that States That a Homeowner Association Fee Violation cannot be more than $100?

Abusive HOA practices: Some homeowner associations harass their property owners with continuous fee assessments for every little thing. The propensity is irritating and makes property owners feel like another big brother is watching and harassing them. The practice is abusive and creates a bureaucratic infrastructure that supports itself on the backs of homeowners.

Moral Hazards in The GDP Calculation of Economic Growth

A moral hazard occurs when one party takes on excessive risk because they do not bear the full consequences of that risk—often because someone else will absorb the cost.

Debt Monsters-Credit Cards-Locked into A Spiral of Dread

The current state of credit card defaults is not just a concern; it’s alarming. We’re witnessing the highest rates in 14 years, a stark reminder of the 2007-08 meltdown.

Credit Card use can be beneficial. It can also become a curse to deal with. Consumer habits will dictate whether it is advantageous or a curse.

Credit cards can be powerful financial tools, but they come with both advantages and disadvantages.

Insurance Companies: Admitted vs. Non-Admitted

Here’s the difference between admitted and non-admitted insurance carriers in California:

How Are FICO Scores Calculated, and Why Are They Important?

✅ How FICO Scores Are Calculated

Sell the Sizzle, Not the Steak: How to Market Real Estate and Close More Loans Like a Pro

In the realm of real estate, facts are undeniably crucial—square footage, bedroom count, and location are all vital details. However, it’s not these facts that ultimately sell homes. It’s the emotions they evoke. This is where the timeless marketing principle of “Sell the sizzle, not the steak” comes into play. Instead of fixating solely on features, successful agents accentuate the experience, lifestyle, and emotional benefits that a property offers, tapping into the buyer’s emotional side.

Should Commercial Lenders Enforce the Due-on-Encumbrance Clause if a Borrower Records a PACE Loan?

Yes, a commercial lender can generally enforce a due-on-encumbrance clause if the borrower records a PACE (Property Assessed Clean Energy) loan, because:

Top Mortgage Risks: Understanding What is Crucial Knowledge for Every Lender and Borrower

The mortgage industry, a vital pillar of the housing market, is not immune to significant risks. Both lenders and borrowers face challenges that, if not managed effectively, can lead to severe financial strain. Below, we present the top mortgage risks, ranked by their potential impact, along with real-world examples.

PACE Regulatory Reset-2025. Shortened Version.

What changed—and why it matters.

The 2025 PACE Regulatory Reset — What Lenders, Program Administrators, and Property Stakeholders Need to Know

Residential Property Assessed Clean Energy (R PACE) financing will operate under a materially new federal regime beginning March 1, 2026, following the CFPB’s December 2024 final rule applying TILA/Regulation Z to PACE and adding Ability to Repay (ATR), TRID, and other mortgage-like obligations to PACE transactions.

Private Money Lending: A Strategic Alternative to Bank Financing in Real Estate

With case studies and a field-tested playbook for finding and vetting lenders: Private (hard) money lending is a strategic tool in real estate investment, offering speed, flexibility, and asset-based underwriting. It’s the solution when opportunities in the market Demand immediate action, bypassing the wait times of traditional bank loans. While it may be costlier, private capital empowers investors to pursue fix and flip, bridge, construction, and creative strategies that many banks won’t finance.

Church and Non-Profit Owners Can Now Unlock Hidden Value in California Real Estate Through Entitlement Arbitrage:

California’s evolving land use laws have created a rare window of opportunity for church and non-profit corporations. With the state now overriding local municipalities in the approval process, properties once constrained by zoning limitations can now be repositioned for high-density residential development—dramatically increasing their value.

What is the Impact of Financial Leverage On Investment Yields? Understanding the potential benefits of financial leverage can be a game-changer for your investment strategy.

The impact of financial leverage differs significantly between stocks and real estate, primarily due to differences in asset characteristics, financing structures, volatility, and income generation.

Will lenders allow PACE/HERO loans to encumber the property when the lender has a first trust deed?

Commercial lenders do not automatically allow PACE (Property Assessed Clean Energy) or HERO loans to be placed on properties when they hold a first trust deed.

Why Do Borrowers Choose Privately Funded Loans Over Bank Loans?

When banks say no, private lenders, in most cases, will say yes.

California’s Entitlement Feed Back Loop: When Good Intentions, Bureaucracy, and Market Reality Collide

California prides itself on protecting consumers, tenants, and communities. However, as “I’m entitled to some of yours” expectations harden into mandates, the machinery required to deliver on those expectations grows—rules multiply, compliance becomes a business line of its own, and costs cascade through housing, insurance, and everyday enterprise.

The Alarming Scope of Elder Abuse in the United States: A Hidden Epidemic

By any measure, elder abuse in the United States is a public health and public safety crisis hiding in plain sight. As America ages—older adults will comprise roughly 23% of the population by 2050—the frequency, severity, and cost of abuse are rising, while reporting remains stubbornly low. That combination makes elder abuse both widespread and chronically undercounted.

When Money Gets in the Way, Familiarity Breeds Contempt

Successor Co-Trustees of a Family Trust: They Despise Each Other

Subordination and Inter-Creditor Agreements: Agreements that Modify the Collateral Lien Position, by Mutual Written Agreement Between Principal Parties

A contractual document that provides a mutual understanding of modifying lien priority in real property transactions.

What’s Killing Your Profitability?

10 Hidden Counter Forces (with Practical Examples, Metrics, and Fixes)

Does the Bureau of Labor Statistics Lie for Political Gain or Desired Propaganda to Further Their Agenda and Ideology?

The history of the Bureau of Labor Statistics provides false statistics, then revising them later as a propaganda ploy or political ploy. The BLS routinely overestimates or underestimates when it is politically expedient, and revises when it gets caught.

California Property Inflation and Insurance Stress: Multiple-Torpedoed-Whammies Against the People and Private Property Rights.

California is experiencing a multitude of counter-economic forces that undermine the dream of homeownership and significantly add to the stresses of current property owners and renters alike.

SB-9: California: The objective is two dwellings on one single-family lot, or one single-family lot subdivided into two parcels.

SB 9 and the Fight for Housing in California: The State Takes Over the approval authority, Municipalities left with Ministerial Approvals Only, Court Rulings, and What It Means for You.

The Great Transformation: Transforming Ourselves, Our Country, and Our Way Of Life.

The primary transformation is about ourselves, as we learn and adapt to the rapid changes around us.

How Bad Is the Office Property Glut Today?

The U.S. office market is still facing a significant glut, though there are signs of gradual improvement.

The Alarming Scope of Financial Elder Abuse

Elder financial crimes account for an estimated 20% of $73 trillion in assets held by older Americans—approximately $14.6 trillion misappropriated or stolen. To put this in perspective:

Financial Elder Abuse in Real Estate Lending: A Cautionary Tale

According to the National Adult Protective Services Association (NAPSA), only 1 in 44 cases of financial elder abuse is reported. Victims are three times more likely to die and four times more likely to enter a nursing home without funds. With an estimated $14.6 trillion at risk, vigilance is critical.

Legal vs. Equitable Ownership in Real Property: Why Is This Critical?

As It Relates to a “Due on Sale,” and “Due on Encumbrance” Provision in a Deed of Trust

The Seemingly Smart Borrower Refuses to Pay for Adequate Property Insurance

Fools Rush in Where Wise Men Never Tread

When Clouds Are Seeded, The Weather Is Impeded

Seeding clouds can bring rain, and sometimes too much rain, causing material damage and loss of life.

Non-Profits and Churches: A Real Estate Lender’s Guide

In California, the Attorney General’s office plays a critical oversight role for nonprofit and religious organizations, particularly those classified as charitable entities.

Loaning On Land Parcels Containing Manufactured Homes That Are Classified As Real Property Today

A Cautionary Tale: Real Property vs Personal Property. One month after the manufactured home is installed on its permanent foundation, it is considered personal property. Three months later, it is classified as real property because the owner has completed the 433a certification process. The reality is that a manufactured home can still be uprooted from its foundation and hauled away with a big rig and specialized equipment.

Frequently, the Mortgage Broker Must Help Clean Up The Borrower’s Mess To Close The loan.

A good mortgage broker is worth their professional designation as a real pro, and to earn a handsome fee when they handle technical problems to achieve an adequate solution to get the loan approved

AB-1893, California: Builder Remedy

Here’s a comprehensive summary of California Assembly Bill (AB) 1893, which significantly reforms the Housing Accountability Act (HAA) and its Builder’s Remedy provisions, effective January 1, 2025:

Streamlined approval process to accelerate housing development (California).

In California housing legislation, a streamlined approval process—often referred to as a streamlined ministerial approval process—is designed to accelerate housing development by removing discretionary barriers and simplifying local review procedures.

AB-2243, California: Housing on Commercially Zoned Land

Here’s a detailed summary of California Assembly Bill (AB) 2243, which significantly expands the scope and impact of AB 2011 and SB 6 to promote housing development on commercially zoned land:

AB-2243: Streamlined Housing Approvals for Residential Developments on Commercially Zoned Property.

Assembly Bill (“AB”) 2243 expands the existing streamlining process for residential developments on commercially zoned properties. The law took effect January 1, 2025.

SB-1123, California: Tiny Lots- Allows Ministerial approval for 10 or Fewer Parcels on Lots of 5 Acres or Less

Here’s a comprehensive summary of California Senate Bill 1123 (SB 1123), which builds upon and expands the provisions of SB 684 (2023) to streamline housing development further:

California Senate Bill 35 (SB-35) Tiny Home Subdivisions

SB-35 was enacted in 2017 and is a key piece of legislation aimed at addressing the state’s housing crisis by streamlining the approval process for certain residential developments.

UCC-1 Financing Statement? What is it and how does it work?

A UCC-1 (Uniform Commercial Code-1) financing statement is a legal form that a lender files to publicly declare their interest in a borrower’s personal property as collateral for a loan. It’s part of the Uniform Commercial Code, which governs commercial transactions in the United States. This filing process is a crucial step in the loan process, ensuring that all parties are informed and knowledgeable about the legal aspects of the transaction.

Mechanics’ Lien Laws: California

California’s Mechanics Lien Law provides a legal remedy for contractors, subcontractors, suppliers, laborers, and certain design professionals to secure payment for work or materials provided on construction projects. Here’s a comprehensive overview based on the latest 2025 guidance:

Trust-Owned Property: A Strategic Lending Opportunity for Real Estate Professionals

Please note that, as a matter of law, the trustee of the family trust owns the property on behalf of the trust. The trust is not a standalone entity and cannot act without a trustee.

Owner-Occupied Commercial Buildings- Ownership of Two Different Entities of the Same Principal- The Business and The Real Estate

Financing owner-occupied commercial buildings presents unique challenges and opportunities, especially when the ownership and operating structures involve entities like S-Corporations and a trustee of a revocable family trust

Strategic Investment Opportunities

How Private Money Lenders Enable Success Where Banks Hesitate

Investing in value-added real estate with private money financing can be highly profitable, but it also comes with several risks that investors and lenders must carefully evaluate.

A profit potential will be calculated on the front end, including developing a plan, obtaining bids, the outlay of capital for fix-up costs, re-rent, and stabilization.

California’s Centralized Development Approval Process: A Shift in Power

A state-level bureaucracy has taken over the development approval process, leaving local municipalities with only ministerial approval rights, subject to the state standards.

Can You Acquire Property Subject to a Seller’s 3% Loan Without Notifying the Lender?

Most trust deeds and mortgage documents have an alienation clause, referred to as a due-on-sale clause, providing for an acceleration of the debt on the transfer of ownership

A Few Borrowers’ Withheld Material Facts Which Complicate the Loan Underwriting Process

Lenders rely on receiving all material facts available to make their credit assessment of the collateral property and the borrower. When information arrives in sketchy or inconsistent forms, it complicates the process.

AB-3108-Makes it a felony for any mortgage broker or loan originator to knowingly misrepresent the purpose of a loan.

This law, which focuses on making loans to single-family owners of occupied properties, tightens accusations of fraud by a mortgage broker while simultaneously inviting borrowers and hungry lawyers to sue the lender and mortgage broker for fraud. This recent law was signed by Governor Newsom in California, amends Section 4973 of the Financial Code.

Clear and Present Danger: When He Tried to “F” Over His Soon-To-Be Ex-Wife

Honey, I Didn’t Think You’d Mind!

Skin in the Game:

Why It’s Essential in Real Estate Lending

What Condo and Multifamily Property Owners Need to Know in 2025

California’s SB-326 and SB-721:

The Illusion of a Down Payment in the Mind of a Fool

A borrower is attempting to rationalize the fact that the tenant is paying off the owner of the property to cancel the lease and vacate the property, which belongs to him as a financial asset. He suggested that the amount of the lessee’s payment to the property owner as consideration for cancelling the lease should be considered his down payment because he is getting such a good deal on the vacant commercial property.

Institutional Theft: The Systematic Transfer of Wealth from Ordinary Taxpayers to The Elites.

The people are kept busy through entertainment outlets and through continuous propaganda to ensure the status quo. The process occurs repeatedly with only minor grumbling by the people.

Honey, I handle the business in the family, and I didn’t think it made any difference.

Silence is not always golden when the consequence is alienation from your spouse; lonely days and lonely nights are forthcoming. Distrust and hostilities in future dealings are a sure thing.

Appraisers' Opinions of Values: All Are Not Equal

Some Appraisal Reports Are Useless

McMansion Blues: In Many Cases, The Transition Is Not Worth the Hassle

Inflationary Pressures Have “Come Home to Roost,” Where the Rising Cost of Property Taxes, Property Insurance, Association Dues, Capital Improvements, and Maintenance, added together, in Many Cases, Is More Than the Property Loan Payment, if there is one.

Note Hypothecations: A Key Concept in Real Estate Finance

Note hypothecations involve understanding two separate and distinct loan transactions. The first part involves how someone ends up owning a note and a deed of trust as a financial asset, and the second part describes how that person willingly conveys the legal title of those documents to another party as collateral for a loan.

Real Property Liens and Encumbrances

Affecting Real Property Ownership

Make Profits Purchasing Promissory Notes Secured by Real Estate

Note purchases are a large, sophisticated industry designed for sophisticated investors, typically those who are accredited.

How To Reinvent Ourselves, Part II

When Failures Are Within Our Control

Investors Find Good Yields with Private Money Trust Deed and Mortgage Investments

Investing in trust deeds and mortgage investments is popular because the yields are high compared to similar investments, considering the associated risks, management, and time consumption.

Private Money: Procedures and Strategies for Loan Originations

How do brokers and lenders locate hard money loans?

SB-549: We Could Have Guessed That This Was Coming:

The California government, using taxpayer dollars, gets into the development game in the Palisades and Eaton fire rebuilding efforts.

The California Shifting Real Estate Landscape: High-Density Housing on Steroids

The California Legislature has passed laws that significantly alter the development approval process, shifting it from local municipal jurisdiction to the state level.

SB-326 and SB-721: Condo and Multifamily Inspection Laws: California 2024

These two new inspection and repair laws have added significant expense to associations, which must be paid by raising association dues. Some owners cannot afford the increase in dues.

SB-79: A Shocking Turn in California's Housing Laws, Where the Unthinkable Becomes Reality

How about allowing multiple high-rise apartment buildings in your neighborhood up to 65 feet tall, for the simple fact that the property is within ½ mile of a bus stop.

The California Legislature Has Created Monster-Sized Barriers to the Foreclosure Procedure: The Results Constitute a Marxist/socialist Reset, are Now a Matter of Law.

Understanding the nuances of non-judicial and Judicial Foreclosure states is not just important, it's empowering. Each state has its unique procedures and regulations, and grasping these can give you a significant advantage in navigating the foreclosure process.

The Foreclosure Procedure: Judicial vs Non-judicial

Laws differ in various states; some are judicial, some are non-judicial, and others are hybrids, allowing either form of foreclosure.

A Friendly and Professional Relationship with Lenders is Essential if a Practitioner Desires to Build a Long-term, Sustainable Career.

Mortgage Brokers Should Not Show Signs of Anger, as It Is Usually a Sign of Desperation

California: Random vs Non-random Events.

There are no random events in California. Dark forces tightly control everything. We are not allowed to question or obtain an entry pass to the elite club.

Subordination of Liens and Encumbrances: Fact or Fiction.

“Yes, the lien holder will subordinate.” Is this statement true, or is it someone’s wishful illusion?

CEQA: A Major Hurdle for Real Property Development Projects in California Is Being Overhauled

Behind the backdrop of California regulations are always the usual suspects: public employees, labor unions, and lawyers who want a piece of everyone's action. These entities often use their influence to shape policies and regulations in their favor. Growth in the size of government, as well as the expansion and consolidation of power at the top, are always at the forefront.

Private Money: Real Estate Loan Documents and Related Disclosures

Real Estate Practitioners Should Gain a Comprehensive Understanding of the Loan Documentation To Carry Out Their Fiduciary Responsibilities to the Principals.

Private Money Trust Deed and Mortgage Investments

The investor’s name is affixed to the borrower’s promissory note, deed of trust, and title insurance policy; the investor serves as both the lender and the beneficiary. The documents represent clear evidence of ownership (or a security interest) in collateral property.

How Important Are The “5-C’s” in Credit Approval Decisions

The credit approval process is characterized by industry standards, best practices, related litigation references, and regulatory requirements from both state and federal levels.

AB-130: How it Damages Subordinate Financing in California, for Residential Property

AB 130 was signed into law by Gavin Newsom on June 30, 2025

SB-4: A Legal Framework for Faith-Based Institutions and Non-Profit Colleges to Build Affordable Multi-Family Homes on Lands They Own

SB-4: This California legislation is designed to expedite the development process for affordable housing on lands owned by religious and educational institutions, thereby significantly boosting the housing supply.

A Borrower Operates With Very Little Skin in the Game, Trying To Maximize Profits

Maximum Leverage May Be Beneficial To The Borrower or May Be Used to Transfer the Developer’s Risk to the Lender

SB 1079: Modifies The Foreclosure Procedure of Residential 1 to 4 Properties In California

Another Monstrocrity law on the books modifies the foreclosure procedure. It serves to remove protective equity rights from trust deed investors and lenders, transferring the financial benefits to a special class as dictated by the regulation.

Can We Purchase a Property and Subject to the Seller's 2.9% Fully Amortized Loan?

Without Notifying the Lender Who Holds The Loan?

AB-2424: The California Legislature Has Passed Another Monster Law, Making It More Difficult To Foreclose On 1-4 Residential Units

AB 2424 is another law full of financial traps for lenders because it delays foreclosures, by extending the foreclosure period almost, almost, but not quite, idefinitely.

The Savvy Private Money Broker: Uncovered Significant Material Facts In A Potential Loan Transaction

The Borrower Intentionally Hid Pertinent Information

Daisy-Chain Mortgage Brokers Make Their Proposed Transaction Uncompetitive In The Marketplace

If Three Or Four Mortgage Brokers Demand To Get Paid, it will kill almost all transactions

Assessing Private/Hard Money Loan Transactions

Private money, also referred to as hard money, plays a vital role in the real estate industry.

A Trustee Of The Family Trust Holds Title On Behalf Of The Trust And The Beneficiaries

A Family Trust Cannot Hold Legal Title to Real Estate.

Lady Sues Ex-boyfriend Over His Attempt To Steal Her Property

A Private Money Lender Came To The Rescue

When Real Property Borrowers Default On Their Loan Obligations: Part I of IV

The Key To Preparedness Is Understanding The Legal Procedures

Repositioning Office Buildings Into Apartments And Condominiums Is A Complex Process

In many cases, the demolition crew has a job of dismantling economically, physically, and functionally obsolete buildings.

Friends Do Business with Friends Is A Life-Sustaining Premise

Developing Long-Lasting Relationships Is A Key To Business Success As Well As Life’s Satisfaction Level

Loan Brokers and Agents Understand Fiduciary Relationships

Most Brokers And Agents Adhere To The Concept Of Fiduciary Relationships, But A Few Fail to do so.

Lightning Speed Of Closing Private/Hard Money Loans: The Pivot When Urgency Is An Issue

Sometimes Borrowers Have An Urgent Need To Get the Proceeds Of A Loan To Solve An Urgent Problem

Networking With Valuable Financial Services Providers Like CPAs, EAs, and Financial Planners

Is A Valuable Referral Source For Private Money Lenders

Debt Consolidation Loans For Small Entrepreneurs

Sometimes Borrowers Need a Fresh Start and Stabilization to Clean Up Past Problems

Due-On-Sale and Encumbrance Provisions In Loan Documents

This Provision May be Contained In the Trust Deed for Residential, and the Trust Deed and Loan Agreement in Commercial

Potential Environmental Hazards in Real Property Require Investigation By Professionals

Serious Risks And Liability For Real Estate Owners, Agents, and Lenders When Properties Are Not Vetted Properly

Making Loans On Real Property with Environmental Issues

Anytime There Is A Commercial Property, Reviewing Environmental Issues Is Necessary

What We’ve Got Here Is A Failure to Communicate

The Communication is About How Mortgage Brokers Deliver Their Loan Transactions To Viable Lenders

There’s a Stranger in My House

The (stranger) in real estate lending is referred to as PACE or “Property Assessed Clean Energy” and HERO or “Home Energy Renovation Opportunity” loans

Private Money/Hard Money Overview

A Vital Subset Of The Real Estate Lending Industry

A Borrower and Their Insurance Broker Willfully Engaged In Fraud Against a Lender

Even A Few Service Providers Have No integrity

Networking Professional Service Providers with Large Networks of Their Own

Are A Valuable Referral Sources For Private Money Lenders

Family Trusts vs Deeds of Trust

What are a Trustor, a Trustee, and a Beneficiary? It Depends on the Purpose.

Insurable Value vs Assessed Value

Valuation Methods and Purposes Differ Greatly

The Crucial Concept of Depreciation in Real Estate Ownership

Depreciation refers to the loss in property value from any cause. It results in diminished value reflecting the difference between the present value and the cost to reproduce or replace.

Real Estate (Private Money) Loan Documents and Related Disclosures

Real Estate Practitioners Should Obtain A Comprehensive Understanding Of The Loan Documentation To Carry Out Their Fiduciary Responsibilities To The Principals.

Accidentally Building A Portion Of Your Structure On Their Property

On A Neighbor's Property That You Don’t Own

Deed of Trusts and Mortgage Investments In California

Overview Of The Licensing and Regulatory Scheme

Procedures for Procuring Loans To Earn Fees

Best Practices

A Successful Real Estate Career Is Both A Science Of Technical Methodologies And An Art Of Effective Techniques

Strategies for Successful Closing More Loans

The Soon-To-Be Ex-Husband Found Rejection And Isolation

When He Tried To “F” Over His Soon-To-Be Ex-Wife

Successor Co-Trustees of a Family Trust: They Dispise Each Other

Personal Agendas Get In The Way Of Making Rational Decisions When One Party Wants To Use Mom And Dad's Assets For Personal Gain

Cross-collateralization: Encumbering Multiple Properties

and Cross-Default Provisions

Modifying Collateral Lien Positions By Mutual Written Agreement Between Principal Parties

Subordinations and Inter-Creditor Agreements

Loaning On Land Parcels Containing Manufactured Homes

A Cautionary Tale: Real Property vs Personal Property

You Can’t Take Your Loan To The Bank As Easy As You Think

Unless You Are Willing To Jumping Through The Hoops To Get A Loan

A Real Property Borrower Operates With No Skin in the Game

Maximum Leverage Can Be Beneficial or Can Be Used to Can Be Used to Transfer the Risk to the Lender

Construction Completion Loans Are A Good Business Strategy

“As-is” and “As-completed” Appraisals Are Required As Part Of The Underwriting

Lending On Owner-Occupied Commercial Buildings

Underwriting a loan comes with a few special issues to deal with

Non-Conforming Strip Retail Centers Can Be Prudent Investments

Private Money Lenders Save the Day

Purchasing Valued-Added Real Property

California Has Taken a Top-Down Approach to The Development Approval Process

Leaving Local Municipalities with Only Ministerial Approvals

Some Borrowers Intentionally Withold Material Facts

During The Loan Submittal Process

Honey, It’s My House, Too; I Didn’t Think You’d Mind!

A real-life example of a husband intentionally deceived his wife

Private Money/Hard Money Real Property Loans

A list of good reasons to switch to a private money lender

Legal vs Equitable Ownership in Real Property

As It Relates to a “Due On Encumbrance” Provision In A Deed of Trust

The National Condo Crisis

75% of older buildings need significant upgrades with the costs passed on the the owners and renters

Possible Actions Taken by Defaulting Borrowers

In Real Property Transactions

Defaults On Real Property Loan Obligations

Understanding the Various Forms of Default, Part II of IV

When Real Property Borrower's Default

Understanding The Legal Procedures: A Key to Preparedness Party I of IV

Assessing Private Money Loan Transactions

Evaluating The Viability Of Approval and Closing

Environmental Hazards in Real Property

Serious Risks For Real Estate Owners, Tenants, Agents, and Lenders

Will Interest Rates Rise or Decrease in 2025?

The First 100 Days Of The Trump Administration Will Dictate The Direction

The Impact of Mansion Taxes in California

Soak The Rich Because Thats Where The Money Is

The Rise of Zombie Tower Office Buildings

Office Building With Super High Levels Of Vacancies With No Improvements In Sight

Real Property Easements

The Purpose & The Risks

Organize Your File And Create An Executive Loan Request Summary:

How to Submit a Loan Transaction to a Funding Broker

Lady Sues Ex-boyfriend Over His Transfer Of Title to Her Property

A Private Money Lender Came To The Rescue

Subordination of Liens and Encumbrances

Is Someone’s Willingness to Subordinate Fact or Fiction?

Co-investing in Trust Deeds as Tenants-In-Common

Under a Common Interest Plan or Arrangement

Anger is Usually A Sign of Desperation

When His Loan Request Was Denied, He Perceived Unfair Treatment of His File

Private/Hard Money for Debt Consolidation: Fresh Start

Some Borrowers Need A Helping Hand To Get Out Of Financial Problems

Financing Overleveraged Homeowners Who Continuosly Refinance and Living Off The Proceeds

They Preceived That Their Strategy Of Continuous Refinancing Was A Smart Decision Until It Wasn't

Loaning to Borrowers with Material Liens, Encumbrances, and Judgments to Clear Up

Working Through The Problems With Highly Skilled Mortgage Brokers Is A Must

Synergies Between Independent Professionals

Are Required To Close Loans

Can We Purchase Property and Take Over the Seller's 3% Loan?

Without Notifying the Lender Who Holds The Loan?

Fractional Trust Deed Investing

Private parties choose trust deed investing because the yields are excellent, while the management is relatively passive.

Daisy-Chain Mortgage Brokerage Services

Some Mortgage Brokers Practive Receiving Leads The Passing To The Next Broker Than Can Become A Mess When All Want To Get Paid

Commercial Properties with Operating Businesses

Lending: Unique Underwriting Considerations

Appraisers' Opinion of Value May Vary in Quality and Completeness

Some Appraisal Reports Are Useless

Debasement: Watching Your Dollars Shrink in Value

Continuous Debasement Keeps The Common People On An Economic Tread Mill

Should We Sell Our Family Home and Buy a Better One?

Upward Mobility is Being Trapped by Interest Rates

High-Density Housing: The Shifting Landscape

Competing Forces of Oversight Of The Approval Process: Federal, State, & Local

Overcoming Barriers to Real Estate Ownership

Pushing Back Against A System That Only Works For It's Self Interest, Rather Than Real Property Rights

Property Ownership and the American Dream Under Threat- The Shifting Landscape Part I

Changes as Described in Parts I, II, II, & IV

Condominium vs Stock Cooperative Ownership: Condo vs. Co-Operative

There Is A Massive Difference in Possessionary Rights

The Capitalization Approach to Income Property Valuation: A Crucial Tool for Real Estate Professionals

Income Valuation

“Here’s the Borrower’s Name & Phone Number, Call Them. Build Me in for 2 points!”

Realities Of The Business

Consumer vs. Business Purpose Lending

Making The Distinction As Defined In Truth-In-Lending

Real Property Insurance: Part III of III

Issues Relating To The Lender And An Overview Of Types Of Coverage

Property Insurance Part II of III

Property Insurance and Financing Real Estate

Property Insurance: Part I of III

Overview Of The Insurance Industry And Real Property Coverages

Should the Borrower Choose The Appraiser? Should a Lender Rely on the Contents?

The Answer Is A Resounding No!

Market Value vs. Appraised Value: They Are Not the Same

Making The Distinction

Loaning to Individuals, Trusts, Partnerships, LLCs, and Corporations

Individual Parties and Entity Borrowers

Private Money Loan Documents and Related Disclosures

Summary Overview of Loan Documents

Pension Plan Real Estate and Trust Deed Investor Must Comply With ERISA

Employee Retirement Income Security Act of 1974 (ERISA)

Private Money Lending: Licensing and Regulatory Oversight

On Overview Of The Private Money Industry

A Family Trust Cannot Hold Legal Title to Real Estate

Correct Understanding Of Holding Title For A Family Trust

Memorandums of Agreement (MOA) vs. Understanding (MOU)

Mutual Understand vs Binding Contract

Lien Priority-Recording Documents And Instrruments

How The System Of Public Notice Recordation Works

Eliminate Time-Wasters In Sales Career

Focus On Gaining Efficiencies

Fuzzy Math In Income Producing Real Estate

Sometimes The Income Stream Is Exaggurated

Trust Deed and Mortgage Investments

An Investment Strategy

Private Money Credit Approvals

Is An Industry Standards Process

Loan Brokers and Agents

Have a Fiduciary Relationship With their Clients

Financial Services Providers: Networking

Are A Valuable Referral Source For Private Money Lenders

McMansion Blues

Decision To Move Down Into A Smaller Home

Private Money, Hard Money, Loan Originations

Best Practices

Strategies for Successful Loan Closings

Turn a Planned Strategy into an Action Habit

Time Allocation

Use The 80/20 Principle

Speed Of Private/Hard Money: The Pivot

Private Money Lenders Can Close Loans Super Fast

Lending On Environmentally Challenged Properties

Look For Solutions Through Midigation

A Borrower And Their Insurance Agent Defrauded The Lender

The Pretended That The Policy Was Effective When The Insurance Company Declined Coverage

Accidentally Building on Your Neighbor's Property

Terrible mistake Full Of Stress and Financial Misallocation

The Successor Trustees of a Family Trust Are Hostile Toward Each Other

One Wants To Protect Momma, and the Other Wants The Cash Now

Cross Collateralization and Cross Default Provisions In Loan Documents

Asking For Additional Protective Equity

Subordination And Inter-Creditor Agreements

This Document Protects Both Parties

Financial Elder Abuse in Real Estate Lending

We Must All Guard Against Financial Elder Abuse

The Borrower Objected to Paying for Adequate Property Insurance

Stupid Is As Stupid Does, As Forrest Gump Stated

Land Parcels Containing Manufactured Homes

A Great Life Style for much Less Money and Off the Social Grid

The Property Lacks Easements for Ingress/Egress

There Is No Way To Get In And Out Of The Property

Loaning To A Borrower With No-Skin-In-The-Game

The King and Queen of Leverage

Construction Completion Loans

Loaning To Complete A Project is a Good Subset Of The Private Money Lending Industry

The Co-Trustees (Two Sons) Want to Encumber the Trust Property

Family Sticks Together And Solves The Problem

Lending on Non-Conforming Strip Retail Centers

Private Money Lenders Save the Day

Loaning On Property With Deffered Maintenance

Value By Upgrading The Property

Private Money Loans: An Overview

For Non-bank deals

Liens and Encumbrances in Real Property Transactions

How Recordation Clouds The Title Of The Real Property

The Borrowers Were silent. They Did Not Disclose Their Bankruptcy To The Lender

Silence Is Not Always Golden

Purchasing Property Subject to a First Lien Without Notifying The First Lender

For Borrowers Trying To Get A Lower Interest Rate On Their First Loan

A Borrower Witholds Material Facts In A Loan Transaction

Intentional or By Accident?

My Soon-To-Be ex-Husband Applied for a Home Loan During Our Divorce

Trouble in Paradise

Procedures for Real Property Loan Transactions:

Best Practices

The State Of California Took Over The Development Approval Process

Leaving Local Municipalities with Only Ministerial Approvals

Can We Purchase Property Subject to a First Lien Without Notifying the Lender?

Obtaining a Loan Without Telling His Wife

Trouble in Paradise

Ask The Right Questions- Quick Read

Chapter VI - Private Money Lending: Licensing and Regulatory Oversight

Chapter V - Active participants in the lending process

Including third-party vendors.

Chapter IV - Strategies for Successful Loan Originations

Chapter III - Ask the Right Questions: Close Your Deal

Chapter II - Private Money, Hard Money, Loan Originations