Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Stop and Recheck Before You Sign a Private or Hard Money Loan (California)-Red Flags

If any of the following show up, pause. If several show up, stop.

by Dan J. Harkey

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Summary

Private money loans are powerful tools—but poorly structured ones create problems long after closing.

🚩 1.  “Don’t Worry About Licensing.”

If anyone says:

  • “Licensing doesn’t matter.”
  • “We’ve always done it this way.”
  • “Private money isn’t regulated.”

That is a red flag.

Licensing affects interest rates, enforceability, disclosures, and your legal rights.  If the lender can’t clearly explain their license, assume there’s risk.

🚩 2.  The Loan Is Called “Business Purpose” With No Explanation

If the loan is labeled business purpose, but:

  • Proceeds will pay personal expenses
  • You’ll live in the property
  • No written explanation exists

That classification may not hold up later.

Calling a loan business purpose does not make it so.

🚩 3.  You’re Being Rushed to Sign Without Answers

Urgency like:

  • “We need this signed today.”
  • “You can review later.”
  • “This is standard—everyone signs it.”

Speed is not an excuse for confusion.
Pressure is often used to bypass understanding.

🚩 4.  APR Is Never Clearly Explained

If you’re told:

  • “Just look at the interest rate.”
  • “APR doesn’t really apply here.”
  • Fees are scattered or unclear.

APR includes interest plus fees.
If no one can explain it plainly, that’s a problem.

🚩 5.  The Lender Can’t Explain Usury Exemptions

If the rate is high and:

  • No one explains why it’s legal
  • Licensing exemptions are vague
  • You hear “private money can charge anything.”

That is incorrect—and dangerous.

🚩 6.  No Discussion of Federal Consumer Laws

If no one mentions:

  • Truth in Lending (TILA)
  • Dodd‑Frank
  • Disclosures or rescission rights

You may be dealing with someone who hasn’t tested whether those laws apply—or doesn’t want to.

🚩 7.  Verbal Promises Don’t Match the Documents

Watch for:

  • “We’ll adjust that later.”
  • “That clause never gets enforced.”
  • “Ignore that section.”

Only what’s written matters.
Verbal assurances disappear in disputes.

🚩 8.  The Loan Structure Changes Late in the Process

Sudden changes to:

  • Borrower entity
  • Occupancy designation
  • Fees or points
  • Purpose language

Late structural changes often mean someone realized there was a compliance issue.

🚩 9.  No One Encourages Independent Review

If you’re discouraged from:

  • Having an attorney review documents
  • Asking compliance questions
  • Taking time to understand terms

That’s not confidence.
That’s avoidance.

🚩 10.  “Everyone Does It This Way”

This phrase is responsible for more bad loans than almost anything else.

Regulators don’t care what “everyone does.”
They care what the Law says.

🚩 11.  You’re Told Compliance Is the Lender’s Problem—Not Yours

Compliance failures affect:

  • Enforceability of the loan
  • Refinancing ability
  • Sale of the property
  • Future disputes

If the loan fails scrutiny later, borrowers get pulled into the mess.

🚩 Final Borrower Warning

Fast money solves short‑term problems.
Bad structure creates long‑term ones.

If a loan makes you uncomfortable before signing, that feeling will be much worse later.

One Borrower Rule to Remember

If something doesn’t make sense now, it won’t magically make sense after closing.