Our lending compliance attorneys will provide you the support you need to have peace of mind with every loan, including at the federal, state, and consumer levels.
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Lending Compliance
Your business faces unique issues. You have probably been frustrated when working with law firms who do not appear to understand your business. They may be confused by the fact that you make business purpose loans secured by residential property and think that these are consumer loans. They may treat your transaction like a large commercial real estate loan when the transaction is much less formal and sophisticated. Our lending compliance attorneys are here to provide you the support you need to have peace of mind
50-State Expertise
Are you scaling a nationwide lending business? Are you struggling to find answers about whether your business needs to be licensed to make, broker, and service loans? Are you worried that your loan terms are not compliant and may be unenforceable? We built our business by partnering with the largest nationwide lenders to be their expert legal counsel.
50-State Licensing
Thinking of lending in a new state? Before getting started, the first thing you need to know is whether you need a license. Our licensing research will guide you through the licensing requirements for all parties through the life cycle of a business purpose mortgage loan, including loan originators, processors, underwriters, brokers, lenders, servicers, sellers and purchasers, and owners of mortgage servicing rights. We even let you know if you can leverage a broker’s license.
50-State Compliance
Licensing is just the first step. We make all the compliance information you need available at your fingertips, including usury, prepayment premiums, late fees, referral fees, table funding, foreclosures, mortgage transfer taxes, mechanic’s liens, and foreign registrations.
Federal Compliance
Think that federal consumer laws do not apply to business purpose loans? Think again. Federal consumer laws such as the Equal Credit Opportunity Act (ECOA), Home Mortgage Disclosure Act (HMDA), Fair Housing Act (FHA), Fair Credit Reporting Act (FCRA), Servicemembers Civil Relief Act (SCRA), and other consumer laws all apply to business purposes loans. Our federal compliance lawyers are here to help with your questions.
Consumer Lending Compliance
Trying to stay up to date with the CFPB’s daily whims can be exhausting. Are you staying up worried that your consumer loans are compliant? TRID, high-cost loans, consumer bridge loans, and HELOCs, all have a myriad of compliance risks and advice. Our team of compliance experts can make sure you can sleep at night knowing that your lending practices are sound.
California Lending Compliance
California Department of Real Estate Compliance (California Real Estate Brokers)
Are you a real estate broker in California who is frustrated by the fact that the laws are always changing and you are worried that you are not complying? Did you know that California Real Estate Law places significant restrictions on construction loans, places limits on grace periods and maximum late charges, and imposes maximum loan to value limitations based on the collateral property type? Did you know that you need to send a report to the DRE if you fractionalize a single loan to multiple investors? Stop guessing, and have peace of mind knowing that our team of experts advises brokers in California on all aspects of their business.
Some of our common services include:
Some of our common services include:
- Borrower and Investor Disclosure Preparation, Review, and Compliance
- Threshold Broker Reporting Requirements
- Trust Account Compliance
- Loan Document Preparation, Review, and Compliance
- Loan File Audits to Review for Regulatory Compliance
- DRE Enforcement Action Response, Negotiation, & Representation
- Procurement Agreement Preparation, Negotiation, and Review
- Broker Agreement Preparation, Negotiation, and Review
- NDA/Non-Solicitation Preparation, Negotiation, and Review
- Broker Servicing Compliance, Inclusive of Preparation, Negotiation, and Review of Servicing Agreements
- Website and Advertisement Review and Advice
California Department of Business Oversight Compliance (California Finance Lender Law)
As a California Finance Lender, you have a powerful license that permits you and your team to work directly with borrowers and make loans which are afforded significant protections. Because great authority is provided under this license, California does highly regulate the practices of finance lenders. For example, unlike the DRE regulations, all team members must be employees and cannot be independent contractors. Also, unlike the DRE, the DBO has automatic mandatory forced audits. Additionally, the DBO has strict constraints regarding the ability to sell loans. We have significant expertise and experience navigating the nuances of the statutes and regulations governing CFLs, including deep industry contacts.
Some common services we provide for CFL licensees include:
Some common services we provide for CFL licensees include:
- Borrower Disclosure Preparation, Review, and Compliance
- Loan Document Preparation, Review, and Compliance
- Loan File Audits to review for Regulatory Compliance
- DBO Reporting Advice, Best Practices, and Mock Audits
- DBO Enforcement Action Response, Negotiation, and Representation
- Loan Sale Advice, Document Preparation, and Negotiation
- General Regulatory and Corporate Structuring Advice
- Website and Advertisement Review and Advice
- Third Party Agreement Preparation, Advice, and Negotiation Such as Broker, Correspondent, Participant, etc.
Contact Our Banking & Finance Team
Please note that our firm focuses primarily on private lenders. Unfortunately, we are unable to assist with consumer matters.
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