Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

When Banks Say “No,” Private-Party Lending Can Say “Let’s Look Closer”

by Dan J. Harkey

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Borrowers don’t usually seek alternative real estate financing because it’s trendy.  They seek it because time is short, the deal is real, and a bank’s checklist doesn’t capture the whole story.  When traditional underwriting can’t—or won’t—move fast enough, private-party lending often becomes the practical bridge between “not bankable” and “still workable.”

Takeaway: “In private lending, the question isn’t ‘Do you fit the template?’ It’s ‘Does the collateral and the exit plan make sense?’”

Why Borrowers Turn to Private-Party Loans

Conventional lenders are built for consistency: standardized guidelines, layered approvals, and a strong preference for easily documented income, predictable property types, and clean credit profiles.  That structure protects banks—and it often benefits borrowers with straightforward scenarios.  But when a transaction falls outside the lines, the same structure can feel like a locked door.

Private-party lending (often called private money, hard money, or bridge financing) exists for these edge cases.  It is designed to evaluate risk differently—typically emphasizing property value, equity, feasibility, and the Borrower’s repayment/exit strategy rather than relying solely on W-2s and automated underwriting findings.  This approach can help borrowers feel more confident in their options and foster trust in alternative financing.

Common situations where private-party lending may help include:

  • Speed-sensitive acquisitions (auction purchases, competitive bidding, short escrow timelines)
  • Bridge financing (buy before you sell, temporary gap to refinance later)
  • Credit disruptions (recent derogatory events, thin credit files, complex histories)
  • Nonstandard income (self-employed borrowers with strong cash flow but complicated documentation)
  • Non-conforming properties (unique homes, mixed-use, rural, condition issues, unfinished renovations)
  • Value-add projects (fix-and-flip, rehab-to-rent, light construction, repositioning)

Private lending often solves time, complexity, and property uniqueness—not because it ignores risk, but because it measures risk through a different lens.

The Psychological Shift: From Permission to Strategy

For many borrowers, the most tangible benefit is not merely approval, but the restored sense of agency.  Bank lending can feel like asking a distant institution for permission.  Private-party lending, when handled professionally, can feel more like presenting a plan to a decision-maker who can say yes.

That shift matters.  A Borrower who understands options is less likely to freeze, overpay, or accept terms they don’t understand.  In that sense, alternative financing can be “liberating,” not because it is easier, but because it is more responsive to real-world timelines and imperfect Borrower profiles.

Takeaway: “Alternative lending doesn’t eliminate underwriting; it replaces rigid templates with practical judgment.”

Where the Mortgage Broker Fits: Advocate, Intermediary, or Both

A mortgage broker can Play different roles in private-party lending depending on the engagement and applicable state Law.  The core value proposition is consistent: the broker knows the market, speaks the language of underwriting, and can translate a Borrower’s situation into a lender-ready narrative.  But the broker’s legal and ethical duties can vary with whom they represent.

1) When the broker represents the Borrower

When engaged as the Borrower’s agent, the broker’s role often includes:

  • Structuring the request (loan amount, term, collateral, exit plan)
  • Identifying suitable lenders and presenting the file
  • Negotiating terms and explaining costs and tradeoffs
  • Coordinating documentation, timelines, and closing logistics

In this capacity, borrowers often feel an immediate sense of reassurance: a seasoned professional is managing the process, anticipating issues, and helping prevent costly missteps.  At its best, brokerage representation reduces stress and improves decision quality.

The broker’s job is not to “sell a loan.” It’s to structure a transaction that the market can fund—and the Borrower can realistically repay.

2) When the broker represents private-party investors

In many private-party transactions, the broker serves as a neutral intermediary, sourcing opportunities for private investors rather than lending its own funds.  In that arrangement, the broker may owe fiduciary-style duties to the investor clients—such as fair dealing, competent due diligence, and transparent disclosure—depending on the relationship and governing rules.

In practice, representing investors often involves:

  • Evaluating the Borrower’s credibility and the project’s feasibility
  • Reviewing collateral, title, and insurance frameworks
  • Stress-testing the exit plan (sale, refinance, lease-up)
  • Recommending terms aligned with the investors’ risk tolerance
  • Coordinating third-party reports and escrow requirements

In practice, representing investors depends heavily on process, documentation, and diligence, as private investors rely on these elements to assess risk and ensure confidence.

Takeaway: “A good broker doesn’t ‘find money.’ A good broker engineers clarity—so capital can move with confidence.”

Dual Agency: When One Broker Serves Two Sides

Sometimes a broker may act in a dual-agency capacity—working with both Borrower and lender/investor parties.  When permitted, this must be handled with heightened transparency.  Clear disclosure and boundaries are essential because the broker cannot fully “advocate” for both sides on every negotiating point simultaneously.  Transparency builds trust and ensures all parties feel informed and respected.

In a dual role, the broker’s highest value is often procedural:

  • Ensuring both parties understand the terms and risks
  • Facilitating communication
  • Preventing misunderstandings that derail closings
  • Keeping the transaction compliant and document-complete

Dual agency can be efficient—but only when disclosures are explicit, documentation is meticulous, and everyone understands the broker’s limited ability to “take sides.”

The Paper That Matters: Promissory Note, Deed of Trust, and Title Insurance

In real estate finance, the Borrower’s agreement to repay and the lender’s right to collateral are memorialized through key documents.  While terminology varies by state (some use mortgages; others use deeds of trust), the functional concept is similar.

Here’s the plain-English breakdown:

  • Promissory Note: the Borrower’s written promise to repay a specific amount under defined terms (rate, payment schedule, maturity, default provisions).
  • Deed of Trust (or Mortgage): the security instrument that pledges the property as collateral.  It outlines remedies in the event of a Borrower default.
  • Title Insurance Policy (Lender’s Policy): coverage intended to protect the lender’s secured interest against certain title defects, liens, or ownership disputes—subject to policy terms and exclusions.

In many deed-of-trust states, the beneficiary is the lender—the party whose investment interest is being protected.  In private-party lending, lenders/investors are typically individuals or entities whose names appear on the Note and security instrument (or whose interests are documented through appropriate assignments or servicing agreements).  The broker is usually not a party to the Note or deed of trust.  Instead, the broker arranges the transaction, coordinates closing, and may remain involved for servicing or investor reporting if that is part of the engagement.

The enforceable repayment contract is between Borrower and lender, not Borrower and broker.

The Tradeoffs: Flexibility Has a Price

Private-party lending can be a lifeline—but it is not a charity, and it is not “free money.” Because these loans often involve speed, complexity, and nonstandard risk, they may carry:

  • Higher interest rates than conventional financing
  • Origination fees and third-party costs
  • Shorter terms and balloon payments
  • Strict default provisions and required reserves
  • Greater emphasis on documented exit strategies

A professional broker helps borrowers confront these realities upfront.  The goal is not simply to close—it is to close a loan that the Borrower can reasonably unwind through the planned exit.

Takeaway: “The best private loan is the one you can clearly explain—and confidently exit.”

A Clear Purpose: Education, Not Solicitation

Private-party lending is best understood as a tool: powerful, time-sensitive, and most effective when used with a coherent plan.  For borrowers, it can restore momentum when bank lending stalls.  For investors, it can offer structured opportunities secured by real property when carefully evaluated and documented.

This article is provided for educational purposes only to explain common structures and roles within private-party real estate lending.  It is not a solicitation for a loan or an offer to arrange financing.  Borrowers and investors should consult qualified legal, tax, and financial professionals and ensure all relationships, duties, and disclosures comply with applicable state and federal requirements.