Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Real Estate-Technical

Technical Real Estate Insight on the Issues that Move Value—Legally, Operationally, and Financially

Legal issues, valuation realities, operational pitfalls, and market shifts—explained in plain English.

Real estate isn’t just “location, location, location.” It’s contracts, compliance, conditions, valuation, and the little details that turn good deals into expensive lessons. My articles cover technical and legal issues, ownership and operations across residential and commercial property, and the market trends reshaping what works (and what doesn’t). If it affects risk, value, or performance, it belongs here.

Most deals don’t fail on the headline numbers—they fail in the details: condition, documentation, liability, tenant/legal exposure, and assumptions that don’t survive due diligence. I write about real estate the way it behaves, benefits, detriments, valuation methods, and the shifting landscape that changes your risk overnight.

Search Results

California Regulation 260.204.1 and Broker Due Diligence in Hard Money Lending

AB-1212, authored by Assembly Member Allister McAllister, highlights the critical role of real estate and mortgage brokers in “Hard Money” loans and outlines requirements to ensure compliance and protect their practices.

California Nonprofit & Church Property Tax Exemptions and SB 4: A Comprehensive Guide (2025)

It is essential to understand the criteria, filing requirements, and forms to ensure proper qualification for property tax exemptions and affordable housing programs.

AB 3108: Expands Criminal Liability for Real Estate and Mortgage Brokers

Introduction to Income Property: Lender Underwriting Guidelines and Practices Chapter III

Commercial Loan Structures & Strategies: Guide for Income Property Investors (2026 Edition)

Introduction to Income Property: Lender Underwriting Guidelines and Practices Chapter II: Income Property Classifications

Constructive Fraud-Technical Read

Constructive Fraud is a legal concept that applies when a fiduciary relationship exists and the fiduciary breaches duties in a way that misleads or harms the principal, even if there was no intent to deceive. Getting tagged by some ideological zealot judge is easier than you think. The successful businessperson is always suspected, while the consumer is often overlooked or forgiven for their actions, such as a defaulted real estate loan.

AB-3108 – Allegation of Criminal Misconduct by Broker or Agent - Technical Review

Does AB 3108’s expansion of criminal liability for real estate and mortgage brokers create constitutional and practical concerns, including potential overreach into protected speech and increased litigation risk?

Actual Fraud Examples in Real Estate & Mortgage Transactions

Learn on the front end, not on the back end, when an accusation arrives at your front door.

Deeds of Trust: Structure, Roles, and Property Interests Explained

Foreclosure Procedure Under a Deed of Trust in California

California uses non-judicial foreclosure for deeds of trust, which is faster and less costly than judicial foreclosure.

EBITDA- What is it?

EBITDA—short for Earnings Before Interest, Taxes, Depreciation, and Amortization—measures a business’s core operational profitability, helping the audience see its practical importance in assessing performance. Unlike net income, it excludes financing costs, taxes, and non-cash expenses, offering a clearer view of operational performance.

GeoTracker in California is an Internet-accessible Database System Managed by the State Water Resources Control Board.

Its primary function is to track, store, and provide access to environmental compliance and contamination data for properties that may Impact groundwater or soil quality.

Foreclosure Laws and Procedures by State

Understanding foreclosure laws is essential for anyone considering buying a foreclosure property. Unlike purchasing a home through the MLS, buying a foreclosure involves navigating state-specific rules and timelines. Every year, savvy investors and homeowners use foreclosure listings to uncover opportunities—but success depends on knowing the legal landscape.

Defaulted HOA Dues- Liens and Foreclosures: What Every Homeowner Should Know

If you fall behind on homeowners’ association (HOA) dues or assessments, understanding HOA lien laws is crucial because they directly affect your property rights and risk losing your home. Laws in various states differ. The primary difference is between states with super-priority lien status and those without.

Defaulted HOA Dues in California under the Davis-Stirling Act: An Overview of the Foreclosure Procedure

California regulates HOA foreclosures under the Davis-Stirling Common Interest Development Act (Civil Code §§ 5650–5730). HOAs have the authority to record liens and foreclose, but strict conditions and procedures apply.

AB-36 California: Strengthening Pro-Housing Designations for Local Jurisdictions- Quick Read

Does the Federal Deposit Insurance Corporation (FDIC) insure Trust Accounts?

Trust accounts are a common way to manage and distribute assets, but many account holders wonder: Are trust accounts insured by the FDIC? The answer is yes—under specific rules that were recently updated.

Introduction to Income Property Lender Practices and Underwriting: Chapter I, Section II