Bald Eagle

Dan J. Harkey

Educator & Private Money Lending Consultant

Real Estate-Technical

Dan's articles focus on real estate, including technical issues, legal aspects, and market trends. His content also covers the ownership and operation of residential and commercial property, including property benefits, detriments, valuation, and the shifting landscape.

Search Results

Loaning On Land Parcels Containing Manufactured Homes

A Cautionary Tale: Real Property vs Personal Property

Do FICO Scores Matter In Privately Funding Loans?

Not as much as an institutional lender, but it still matters if they are deficient.

The Borrower Created A Mess For The Lender To Help Clean Up

Loaning to Borrowers with Multiple Liens, Encumbrances, and Judgments to Clear Up.

How Do You Get In And Out Of This Property?

There Are No Land Easements for Entry and Exit

A Real Property Borrower Operates With No Skin in the Game

Maximum Leverage Can Be Beneficial or Can Be Used to Can Be Used to Transfer the Risk to the Lender

Construction Completion Loans Are A Good Business Strategy

“As-is” and “As-completed” Appraisals Are Required As Part Of The Underwriting

Lending On Owner-Occupied Commercial Buildings

Underwriting a loan comes with a few special issues to deal with

Non-Conforming Strip Retail Centers Can Be Prudent Investments

Private Money Lenders Save the Day

California Has Taken a Top-Down Approach to The Development Approval Process

Leaving Local Municipalities with Only Ministerial Approvals

Some Borrowers Intentionally Withold Material Facts

During The Loan Submittal Process

Honey, It’s My House, Too; I Didn’t Think You’d Mind!

A real-life example of a husband intentionally deceived his wife

Condo and Multifamily Inspection Laws: California 2024

And the requirements to make recommended upgrades

How To Evaluate Real Estate Lending Deals

A Step By Step Process With Dan Harkey

Episode 5: Unlocking Private Money Secrets with Dan Harkey – What Every Investor Should Know!

A great conversation with Dan

Legal vs Equitable Ownership in Real Property

As It Relates to a “Due On Encumbrance” Provision In A Deed of Trust

Possible Actions Taken by Defaulting Borrowers

In Real Property Transactions

Appraisals: By Whose Standards Shall We Operate?

Or Is Their Wiggle Room in The Process For Future Development

Defaults On Real Property Loan Obligations

Understanding the Various Forms of Default, Part II of IV

When Real Property Borrower's Default

Understanding The Legal Procedures: A Key to Preparedness Party I of IV

Assessing Private Money Loan Transactions

Evaluating The Viability Of Approval and Closing

Environmental Hazards in Real Property

Serious Risks For Real Estate Owners, Tenants, Agents, and Lenders

The Rise of Zombie Tower Office Buildings

Office Building With Super High Levels Of Vacancies With No Improvements In Sight

Real Property Easements

The Purpose & The Risks

Synergies Between Independent Professionals

Are Required To Close Loans

Can We Purchase Property and Take Over the Seller's 3% Loan?

Without Notifying the Lender Who Holds The Loan?

Fractional Trust Deed Investing

Private parties choose trust deed investing because the yields are excellent, while the management is relatively passive.

Commercial Properties with Operating Businesses

Lending: Unique Underwriting Considerations

Appraisers' Opinion of Value May Vary in Quality and Completeness

Some Appraisal Reports Are Useless

Should We Sell Our Family Home and Buy a Better One?

Upward Mobility is Being Trapped by Interest Rates

High-Density Housing: The Shifting Landscape

Competing Forces of Oversight Of The Approval Process: Federal, State, & Local

Overcoming Barriers to Real Estate Ownership

Pushing Back Against A System That Only Works For It's Self Interest, Rather Than Real Property Rights

Property Ownership and the American Dream Under Threat- The Shifting Landscape Part I

Changes as Described in Parts I, II, II, & IV

Condominium vs Stock Cooperative Ownership: Condo vs. Co-Operative

There Is A Massive Difference in Possessionary Rights

The Capitalization Approach to Income Property Valuation: A Crucial Tool for Real Estate Professionals

Income Valuation

“Here’s the Borrower’s Name & Phone Number, Call Them. Build Me in for 2 points!”

Realities Of The Business

Consumer vs. Business Purpose Lending

Making The Distinction As Defined In Truth-In-Lending

Real Property Insurance: Part III of III

Issues Relating To The Lender And An Overview Of Types Of Coverage

Property Insurance Part II of III

Property Insurance and Financing Real Estate

Property Insurance: Part I of III

Overview Of The Insurance Industry And Real Property Coverages

Should the Borrower Choose The Appraiser? Should a Lender Rely on the Contents?

The Answer Is A Resounding No!

Should the Borrower Choose The Appraiser? Should a Lender Rely on the Contents?

The Answer Is A Resounding No!

Market Value vs. Appraised Value: They Are Not the Same

Making The Distinction

Loaning to Individuals, Trusts, Partnerships, LLCs, and Corporations

Individual Parties and Entity Borrowers

Private Money Loan Documents and Related Disclosures

Summary Overview of Loan Documents

Pension Plan Real Estate and Trust Deed Investor Must Comply With ERISA

Employee Retirement Income Security Act of 1974 (ERISA)

Private Money Lending: Licensing and Regulatory Oversight

On Overview Of The Private Money Industry

A Family Trust Cannot Hold Legal Title to Real Estate

Correct Understanding Of Holding Title For A Family Trust

Memorandums of Agreement (MOA) vs. Understanding (MOU)

Mutual Understand vs Binding Contract

Lien Priority-Recording Documents And Instrruments

How The System Of Public Notice Recordation Works

Eliminate Time-Wasters In Sales Career

Focus On Gaining Efficiencies

Fuzzy Math In Income Producing Real Estate

Sometimes The Income Stream Is Exaggurated

Trust Deed and Mortgage Investments

An Investment Strategy

Private Money Credit Approvals

Is An Industry Standards Process

Loan Brokers and Agents

Have a Fiduciary Relationship With their Clients

Financial Services Providers: Networking

Are A Valuable Referral Source For Private Money Lenders

McMansion Blues

Decision To Move Down Into A Smaller Home

Private Money, Hard Money, Loan Originations

Best Practices

Strategies for Successful Loan Closings

Turn a Planned Strategy into an Action Habit

Speed Of Private/Hard Money: The Pivot

Private Money Lenders Can Close Loans Super Fast

Lending On Environmentally Challenged Properties

Look For Solutions Through Midigation

A Borrower And Their Insurance Agent Defrauded The Lender

The Pretended That The Policy Was Effective When The Insurance Company Declined Coverage

Accidentally Building on Your Neighbor's Property

Terrible mistake Full Of Stress and Financial Misallocation

The Successor Trustees of a Family Trust Are Hostile Toward Each Other

One Wants To Protect Momma, and the Other Wants The Cash Now

Cross Collateralization and Cross Default Provisions In Loan Documents

Asking For Additional Protective Equity

Subordination And Inter-Creditor Agreements

This Document Protects Both Parties

Financial Elder Abuse in Real Estate Lending

We Must All Guard Against Financial Elder Abuse

The Borrower Objected to Paying for Adequate Property Insurance

Stupid Is As Stupid Does, As Forrest Gump Stated

Land Parcels Containing Manufactured Homes

A Great Life Style for much Less Money and Off the Social Grid

The Property Lacks Easements for Ingress/Egress

There Is No Way To Get In And Out Of The Property

Loaning To A Borrower With No-Skin-In-The-Game

The King and Queen of Leverage

Construction Completion Loans

Loaning To Complete A Project is a Good Subset Of The Private Money Lending Industry

The Co-Trustees (Two Sons) Want to Encumber the Trust Property

Family Sticks Together And Solves The Problem

Lending on Non-Conforming Strip Retail Centers

Private Money Lenders Save the Day

Loaning On Property With Deffered Maintenance

Value By Upgrading The Property

Private Money Loans: An Overview

For Non-bank deals

Liens and Encumbrances in Real Property Transactions

How Recordation Clouds The Title Of The Real Property

The Borrowers Were silent. They Did Not Disclose Their Bankruptcy To The Lender

Silence Is Not Always Golden

Purchasing Property Subject to a First Lien Without

For Borrowers Trying To Get A Lower Interest Rate On Their First Loan

A Borrower Witholds Material Facts In A Loan Transaction

Intentional or By Accident?

My Soon-To-Be ex-Husband Applied for a Home Loan During Our Divorce

Trouble in Paradise

Procedures for Real Property Loan Transactions:

Best Practices

The State Of California Took Over The Development Approval Process

Leaving Local Municipalities with Only Ministerial Approvals

Can We Purchase Property Subject to a First Lien Without Notifying the Lender?

Obtaining a Loan Without Telling His Wife

Trouble in Paradise

Ask The Right Questions- Quick Read

Trust Deed Investors Security

Chapter VI - Private Money Lending: Licensing and Regulatory Oversight

Chapter V - Active participants in the lending process

Including third-party vendors.

Chapter IV - Strategies for Successful Loan Originations

Chapter III - Ask the Right Questions: Close Your Deal

Chapter II - Private Money, Hard Money, Loan Originations