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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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.