Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Private & Hard Money Lending

Valuable Insight and Information About Private & Hard Money Lending

Private Lending Runs on Trust. Brokers Make It Work

In private and hard money lending, brokers and agents don’t just “find money”—they engineer the transaction. They act as intermediaries with fiduciary responsibilities, aligning Borrower needs with investor requirements while keeping the deal anchored to collateral value, risk, and an executable exit strategy. This site provides reliable insight—from structuring to underwriting to documentation—so your deals are defensible and your outcomes predictable.

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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.

A Friendly and Professional Relationship with Lenders is Essential if a Practitioner Desires to Build a Long-term, Sustainable Career.

Mortgage Brokers Should Not Show Signs of Anger, as It Is Usually a Sign of Desperation

Random vs Non-random Events: California's Dark Forces

There are no random events in California. Dark forces tightly control everything. We are not allowed to question or obtain an entry pass to the elite club.

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.

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.

The Savvy Private Money Broker: Uncovered Significant Material Facts In A Potential Loan Transaction

The Borrower Intentionally Hid Pertinent Information

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.