Oh, California: A Guide to DRE and DFPI Licensing, Usury, Loan Sales, and Daily Compliance

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Webinar Summary

Confused by the mortgage lending regulatory lay of the land in California? Get in line.

California lending comes with a whole host of confusing regulations, licenses, and more. Unlike most of the country, California regulates mortgage lenders through its Department of Real Estate (DRE) AND the Department of Financial Protection and Innovation (DFPI). Beyond licensing and regulators, California regulates far more than almost any other state including complex usury laws, regulations on loan sales, table funding restrictions, complex late charge restrictions, limitations of interest charges, and a series of other potential landmines for mortgage lenders. In one succinct presentation we will provide you the tools necessary to understand how to make loans in California without accidentally shooting yourself in the foot in the process.

In this webinar, you will learn:

  • The difference between a DRE Broker’s license and DFPI’s CFL license.
  • What license may be necessary when you buy, sell, service and broker loans.
  • Whether your debt fund and its affiliates all need to be licensed.
  • Whether you and your employees need to be additionally licensed.
  • California’s regulatory climate related to table funding and other secondary market transactions.
  • Construction loan limitations and complications.
  • Loan level limitations such as usury, late charges, and prepayment restrictions.
Questions about this webinar? Reach out to our team below.
AB-1837: Overhauling SB-1079 Foreclosures in 2023 to Address Fraudulent “Eligible Bidders”

AB-1837: Overhauling SB-1079 Foreclosures in 2023 to Address Fraudulent “Eligible Bidders”

In 2021, SB-1079 went into effect bringing drastic changes to CA’s nonjudicial foreclosure process in an attempt to encourage individual home ownership and affordable housing over entity property ownership. The idea was to bridge the gap at foreclosure sales between prospective homeowners and savvy investors by creating categories of “Eligible Bidders” with certain advantages.

Unfortunately, the structure highly incentivizes the unscrupulous to call themselves “Eligible Bidders” to gain these advantages over their competitors. AB-1837 is an attempt to address this issue, and this Webinar will examine the potentially far-reaching changes AB-1837 brings to SB-1079.

For AB-1837, we will specifically discuss the following:

AB-1837 redefines and clarifies several categories of entity Eligible Bidders, attempting to more closely tie them to affordable housing goals.
AB-1837 implements a 30-year (!) affordability covenant on properties acquired by Eligible Bidder entities at these foreclosure sales.
AB-1837 establishes an enforcement mechanism through the Attorney General for related violations.

Finally, we’ll briefly discuss the related AB-2170 which requires entities that foreclose on over 175 properties a year to provide a 30-day window for any REO listings in which only offers by certain Eligible Bidders may be accepted.

Options After Default: California Foreclosure, Default Interest, Loss Mitigation, and Recourse

Lenders should always be prepared to manage loans that don’t pan out the way they are supposed to, and lenders must be tactical when understanding what to do when a borrower defaults. Geraci’s team of experts is always available to provide guidance and strategy on how to manage loan defaults with discipline and proactivity. Our attorneys are expert strategists in loss mitigation and default management and will provide attendees with the best methods to navigate non-performing loans. Our team will also help prepare you to manage your California loan defaults in light of the recent Honchariw v. FJM decision as it relates to default interest.

You will learn:
The available pre-foreclosure and pre-litigation options for lenders when a borrower defaults.
The foreclosure restrictions or hurdles are currently in place in California, and how these affect foreclosure timelines and strategy.
Extraordinary Relief Options, including unlawful detainer, judicial foreclosure, receivership, breach of guaranty suits, and collection remedies.Options related to the accrual of default interest post-Honchariw v. FJM.

private topics

Update to the Trend: REITs in 2022

This webinar discussed REITs and other tax preferential strategies for real estate and mortgage funds. We’ll discuss the core benefits of REITs, the specific ongoing compliance needs, and the ongoing obligations to manage day-to-day issues including loan sales, foreclosures, and property sales. We’ll also discuss the outlook for the Tax Cuts & Jobs Act as 2025 approaches.

Geraci attorneys

Lender Lounge with Kevin Kim Special Episode: Mid-Year Outlook

Lender Lounge with Kevin Kim hosted a special livestream featuring industry legends Daren Blomquist, VP of Market Economics at Auction.com and Rick Sharga, Executive Vice President at ATTOM.

Watch the recording of May 18th LIVE episode below and hear these industry leaders’ thoughts on housing demand, build to rent, interest rates, inflation, and everyone’s favorite doomsday question: is a recession coming?