Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Real Estate-Technical

Technical Real Estate Insight on the Issues that Move Value—Legally, Operationally, and Financially

Legal issues, valuation realities, operational pitfalls, and market shifts—explained in plain English.

Real estate isn’t just “location, location, location.” It’s contracts, compliance, conditions, valuation, and the little details that turn good deals into expensive lessons. My articles cover technical and legal issues, ownership and operations across residential and commercial property, and the market trends reshaping what works (and what doesn’t). If it affects risk, value, or performance, it belongs here.

Most deals don’t fail on the headline numbers—they fail in the details: condition, documentation, liability, tenant/legal exposure, and assumptions that don’t survive due diligence. I write about real estate the way it behaves, benefits, detriments, valuation methods, and the shifting landscape that changes your risk overnight.

Search Results

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:

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. There are multiple whammies against the people and private property rights.

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.