Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Real Estate-Technical

Dan's articles focus on real estate, including technical issues, legal aspects, and market trends. His content also covers the ownership and operation of residential and commercial property, including property benefits, detriments, valuation, and the shifting landscape.

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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.

Top Mortgage Risks: Empowering Knowledge for Every Borrower and Lender.

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, to raise awareness and caution.

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 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

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-410: Strengthening Safety and Transparency in Common Interest Developments-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.

California’s Housing Revolution: How Federal Mandates and Progressive Policies Are Reshaping Property Rights and Suburban Life

California housing policy, AFFH regulation, real estate lending crisis, suburban zoning changes, erosion of property rights, HUD mandates, progressive housing agenda, decline of commercial real estate, and threat to suburban lifestyle.

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

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.

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

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.

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.

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.

The Remote-Work Reset: How Hybrid Work Is Rewriting the Commercial Real Estate Playbook

Remote and hybrid work have shifted from emergency measures to a durable operating model. The result is a structural re-rating of U.S. office demand, vacancy, valuations, and city finance.

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.

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

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: 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:

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.

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

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.

Private Money: Procedures and Strategies for Loan Originations

How do brokers and lenders locate hard money loans?

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.

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.

SB-1123: Planning and Zoning: Subdivisions: Ministerial Review.

This new law was signed into law on September 19, 2024 by California’s Governor Gavin Newsom and became effective July 1, 2025.

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.

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.

Some Agreements Between Principal Parties Are Intended To Be For Non-Binding Mutual Understandings, While Others Are Binding Contracts

Memoranda of Agreement (MOA) vs. Memorandum of Understanding (MOU)

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

A Private Money Lender Came To The Rescue

Lien Priority: A Crucial Aspect in Real Property Ownership and Lending

The Procedure for Recording Documents and Instruments

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.

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

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

The Grandson Tries To Exploit Granny For Personal Gain

Financial Elder Abuse in America is at Crisis Proportions.

100s of New Bills Affecting Real Estate each Year in California

It would be virtually Impossible to read and comprehend in a State That Wants To control every Move When They Can Identify Assets.

Understanding The Concept Of Contributory Value of Adding Additional Land

The First Parcel Of Land Has An Appraised Value: The Second Parcel May Add Tremendous Value

The Borrower Pushes Back On Paying For Adequate Property Insurance

Fools rush in where wise men never tread

Loaning On Land Parcels Containing Manufactured Homes

A Cautionary Tale: Real Property vs Personal Property

How Do You Get In And Out Of This Property?

There Are No Land Easements for Entry and Exit

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

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

Condo and Multifamily Inspection Laws: California 2024

And the requirements to make recommended upgrades

How To Evaluate Real Estate Lending Deals

A Step By Step Process With Dan Harkey

Episode 5: Unlocking Private Money Secrets with Dan Harkey – What Every Investor Should Know!

A great conversation with Dan

Legal vs Equitable Ownership in Real Property

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

Possible Actions Taken by Defaulting Borrowers

In Real Property Transactions

Appraisals: By Whose Standards Shall We Operate?

Or Is Their Wiggle Room in The Process For Future Development

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

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

Subordination of Liens and Encumbrances

Is Someone’s Willingness to Subordinate Fact or Fiction?

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

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

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

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