Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Real Estate Finance

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Trust-Owned Property: A Strategic Lending Opportunity for Real Estate Professionals

Please note that, as a matter of law, the trustee of the family trust owns the property on behalf of the trust. The trust is not a standalone entity and cannot act without a trustee.

Owner-Occupied Commercial Buildings- Ownership of Two Different Entities of the Same Principal- The Business and The Real Estate

Financing owner-occupied commercial buildings presents unique challenges and opportunities, especially when the ownership and operating structures involve entities like S-Corporations and a trustee of a revocable family trust

Strategic Investment Opportunities

How Private Money Lenders Enable Success Where Banks Hesitate

Investing in value-added real estate with private money financing can be highly profitable, but it also comes with several risks that investors and lenders must carefully evaluate.

A profit potential will be calculated on the front end, including developing a plan, obtaining bids, the outlay of capital for fix-up costs, re-rent, and stabilization.

California’s Centralized Development Approval Process: A Shift in Power

A state-level bureaucracy has taken over the development approval process, leaving local municipalities with only ministerial approval rights, subject to the state standards.

Can You Acquire Property Subject to a Seller’s 3% Loan Without Notifying the Lender?

Most trust deeds and mortgage documents have an alienation clause, referred to as a due-on-sale clause, providing for an acceleration of the debt on the transfer of ownership

A Few Borrowers’ Withheld Material Facts Which Complicate the Loan Underwriting Process

Lenders rely on receiving all material facts available to make their credit assessment of the collateral property and the borrower. When information arrives in sketchy or inconsistent forms, it complicates the process.

AB-3108-Makes it a felony for any mortgage broker or loan originator to knowingly misrepresent the purpose of a loan.

This law, which focuses on making loans to single-family owners of occupied properties, tightens accusations of fraud by a mortgage broker while simultaneously inviting borrowers and hungry lawyers to sue the lender and mortgage broker for fraud. This recent law was signed by Governor Newsom in California, amends Section 4973 of the Financial Code.

Clear and Present Danger: When He Tried to “F” Over His Soon-To-Be Ex-Wife

Honey, I Didn’t Think You’d Mind!

Skin in the Game:

Why It’s Essential in Real Estate Lending

What Condo and Multifamily Property Owners Need to Know in 2025

California’s SB-326 and SB-721:

Appraisers' Opinions of Values: All Are Not Equal

Some Appraisal Reports Are Useless

McMansion Blues: In Many Cases, The Transition Is Not Worth the Hassle

Inflationary Pressures Have “Come Home to Roost,” Where the Rising Cost of Property Taxes, Property Insurance, Association Dues, Capital Improvements, and Maintenance, added together, in Many Cases, Is More Than the Property Loan Payment.

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.

Investors Find Good Yields with Private Money Trust Deed and Mortgage Investments

Investing in trust deeds and mortgage investments is popular because the yields are high compared to similar investments, considering the associated risks, management, and time consumption.

To “Skate by” Means Sliding by Without Doing Any Visible Work or Spending any Effort.

Have you met people who accomplish little, make little, or no progress, but seem to meander through life and appear as normal?

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.

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?