News

DRE Withdraws Its Attack On O/O Business Purpose Loans – Doss Law, LLP Prevails on Financial Code Sections 4970 and 4995

February 28, 2022

Doss Law, LLP is pleased to announce that on September 6, 2019, the California Department of Real Estate agreed to:

A.  Dismiss all charges, fines and audit expenses against KS Capital and Bobby Kashani, completely clearing their names;

B.  Publish an article on its website (see page 3 at this link DRE Article) making it clear that Financial Code Sections 4970 and 4995 (California’s high cost loan laws) only apply to loans for personal, family or household purposes, and do not apply to business purpose owner-occupied loans; and,

C.  Confirm that position in its next industry-wide Bulletin to be published later this year.

The hard-fought battle has been won.  Entrepreneurs can once again tap into the equity in their homes to finance their dreams. Mortgage lenders and brokers that serve these entrepreneurs can breathe a sigh of relief.  The loans on their books are free from challenge.  They can also look forward to serving the needs of business owners once again.  This will strengthen our beautiful State tremendously by creating jobs and corresponding prosperity.

Doss Law, KS Capital and Mr. Kashani want to thank the California Mortgage Association for its help and support.  CMA geared up to file an Amicus Brief and some of its members helped to finance the case.  Working together as an industry association gives us strength in the regulatory arena, and this case proves it.

Before we pursued this appeal, one so-called industry expert/marketeer published these comments on YouTube about the appeal:

“this case only has the ability to make bad law”

“KS Capital is going to have to pay it [audit costs] anyway”

“I don’t think it should be appealed at all”

If someone is eating your lunch, you don’t volunteer the cookie at the bottom of your lunch bag.  That is not the philosophy of Doss Law.  We stand up for our clients.  We will never shrink from a chance to defend them and our industry.  Prudent legal advice comes from experience.  We have 41 years of it.

 

© Doss Law, LLP. Attorney advertising materials. These materials have been prepared for educational purposes only and are not legal advice.  This information is not intended to create an attorney-client relationship.  Consult a knowledgeable lawyer before implementing any of the ideas in this publication.

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  • Updates first payment date and maturity date
  • Requires mutual agreement by borrower, lender, and guarantor
  • 50 states
  • 1 or 2 borrowers
  • 1 or 2 properties in the same county
  • Residential or commercial real estate
  • Borrowers can be individuals, entities, or trusts
  • Up to 4 guarantors
  • Updates first payment date and maturity date
  • Requires mutual agreement by borrower, lender, and guarantor
  • Can be used post-closing to correct loan timelines
  • Full signature blocks
  • 50 states
  • Unlimited, free redraws on the same transaction
  • Borrowers can be natural persons, entities, trusts or any combination
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Establishes lien priority and payment subordination for senior and subordinate liens
  • Automatic subordination adjustments for most modifications
  • Defines enforcement and cure rights
  • 50 states
  • Unlimited, free redraws on the same transaction
  • Borrowers can be natural persons, entities, trusts or any combination
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Establishes lien priority and payment subordination for senior and subordinate liens
  • Automatic subordination adjustments for most modifications
  • Defines enforcement and cure rights
  • 50 states
  • 1 or 2 borrowers
  • 1 or 2 properties in same county, residential or commercial
  • Borrowers can be natural persons, entities, trusts or any combination
  • Full signature blocks
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Cover Letter that can be moved onto Your Letterhead
  • Comprehensive Pre-Negotiation Agreement
  • With or Without a General Release
  • 50 states
  • 1 or 2 borrowers
  • 1 or 2 properties in same county, residential or commercial
  • Borrowers can be natural persons, entities, trusts or any combination
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Cover Letter that can be moved onto Your Letterhead
  • Lists Events of Default
  • Confirms Cure Period
  • Computes total amount owed
  • Lists Remedies unless Defaults are cured
  • 50 states
  • 1 or 2 borrowers
  • 1 or 2 properties in same county, residential or commercial
  • Borrowers can be natural persons, entities, trusts or any combination
  • Full signature blocks
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Up to 4 guarantors
  • Exhibit “A” for Amounts Owed Itemized and Total
  • Exhibit “B” for Other Fees
  • Exhibit “C” for Other Conditions to Effectiveness
  • Exhibit “D” for Lender Listing
  • Updates first payment date and maturity date
  • Requires mutual agreement by borrower, lender, and guarantor
  • 50 states
  • 1 or 2 borrowers
  • 1 or 2 properties in the same county
  • Residential or commercial real estate
  • Borrowers can be individuals, entities, or trusts
  • Up to 4 guarantors
  • Updates first payment date and maturity date
  • Requires mutual agreement by borrower, lender, and guarantor
  • Can be used post-closing to correct loan timelines
  • Full signature blocks
  • 50 states
  • 1 or 2 borrowers
  • 1 or 2 properties in same county, residential or commercial
  • Borrowers can be natural persons, entities, trusts or any combination
  • Full signature blocks
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Up to 4 guarantors
  • Notary for state where the borrowers and/or guarantors will sign
  • Keeps terms private by generating a recordable memorandum
  • Available in all 50 states
  • Fannie Mae based mortgage
  • Seller financing document set designed for residential or non-owner-occupied property
  • Full All-Inclusive Deed of Trust (AITD) functionality built-in, includes custom-drafted AITD Rider for Note and Security Instrument
  • Two-part output for the e-signable disclosures and final wet-sign promissory note and security instrument
  • Includes Promissory Note, Security Instrument with embedded riders, and full closing instructions
  • Condo and PUD Rider options embedded into the Security Instrument
  • Allows guarantors
  • Clear lien priority tracking with existing senior loans
  • Interest-only or amortized monthly payment options
  • Balloon payment support with final payoff summary
  • Prepayment penalty option with customizable terms
  • Customizable terms including interest, payment structure, grace period, and late charges
  • Seller Financing Instructions with title/escrow checklist
  • Hazard Insurance Disclosure and mortgagee endorsement setup
  • Customizable fee entries (doc prep, tax service, flood cert, etc.)
  • E-signable where permitted
  • Full TRID compliant docs – including the LE and CD
  • DocuSign active on the Consumer Bridge Loan Estimate
  • 11-month max term (11 months plus per diem interest period)
  • All federal and state disclosures for DRE and CFL licensees
  • Flexibility to put a lien on the existing home, new home or both
  • HOEPA compliance
  • 3 Day Right to Cancel if placing a lien on the existing residence
  • All calculations performed – including APR and TIP
  • Special customizable escrow instructions to the purchase escrow
  • NMLS endorsement required
  • Ability to repay & credit not relevant
  • No prepayment penalties or guaranteed interest
  • Most are Section 32 = HUD counseling & no financing of soft fees
  • 4%, 15-day late charge
  • No limitation on rates or points

Business Purpose
Construction Loan Docs Features

  • Business purpose residential or commercial real estate
  • 1 or 2 borrowers
  • 1 or 2 properties in the same county
  • 1st, 2nd, 3rd or 4th lien priority for each property
  • Borrowers can be natural persons, entities, trusts or any combination
  • Full signature blocks
  • Full closing instructions
  • Can be used by broker or lender, CFL, DRE, CRMLA, state licensed or exempt
  • Referral fee and co-broker options
  • Up to 4 guarantors
  • Fixed or adjustable rate provisions
  • Default rate option
  • Impounds option
  • Extension option with choice of conditions
  • Line of credit option
  • Mortgage Loan Disclosure Statement for every state
  • DocuSign active on all early disclosure documents
  • CFL disclosure for CFL lenders
  • Comprehensive loan agreement
  • Comprehensive guaranty
  • Comprehensive environmental indemnity for commercial loans
  • Holdback option
  • DSCR option
  • Capital reserve option
  • Debt service reserve option
  • Interest reserve option
  • Guaranteed interest option
  • Prepayment penalty option
  • Amortized or interest only
  • Business purpose certificate
  • Non-owner occupancy declaration
  • Choice of title endorsements
  • Ability to add custom clauses or addenda to closing instructions, note, security instrument and loan agreement
  • Up to 6 payoffs
  • Many, many varieties of lender and broker fees
  • Cannabis clauses
  • PACE and HERO clauses
  • Multi-lender or single lender friendly
  • Comprehensive entity consent, LLC, GP, Corp.
  • Certification of trust for trust borrowers

Broker Investor Package Features

  • 50 States
  • Complete set of investor docs and disclosures for brokers
  • Lender/Purchaser Disclosure Statement (up to 10 investors)
  • Investor Questionnaire
  • Loan Sale and Servicing Agreement
  • IRS W-9.
  • The application generates a separate set for each investor

Business Purpose Loan Docs Features

  • Instant loan docs with unlimited, free redraws on the same transaction
  • 50 state coverage (lender state governs choice of law except security instrument)
  • Secured by residential, multi-family or commercial real estate
  • Up to 2 borrowers of ANY type (full signature blocks, not blanks)
  • Up to 2 properties cross-collateralized within any state or between any two states
  • Up to 4 guarantors
  • 1st or junior liens
  • Pre-Maturity Default Compensation Options
  • Reports Feature to save all of your data for any year end reports to regulators or for internal use
  • Balloon or amortized, up to 3 payment sequences
  • Fixed or adjustable (multiple benchmarks to choose from)
  • Closed-end or Line of Credit
  • Guaranteed Interest feature
  • Multiple prepay options such as 5-4-3-2-1 etc.
  • Full closing instructions with choice of endorsements, exceptions and title insurance amounts
  • Mortgage Loan Disclosure Statement, including new multi-state form (picks the right form and does all the math)
  • Interest reserves and holdback
  • Co-Broker and Referral Fees
  • Grace Period and Late Charge Percentages
  • Exit Fee feature
  • Appraisal Rebalance Option
  • “Bad Boy” Guaranty option
  • Special Purpose Entity (“SPE”) option
  • Non-Borrower Security Instrument Signer
  • Multitude of fees plus custom fees can be input
  • Ability to add custom clauses to note, security instrument, loan agreement and closing instructions
  • PACE and HERO clauses
  • Entity Authorization (Minutes)
  • Cannabis clauses
  • Extension options
  • Letter to senior lender for junior loans
  • Debt Service Coverage Ratio, Capital Reserve, Debt Service Reserve options
  • Full disclosures and common forms such as Loan Agreement, CFL, Fair Lending, Compliance Agreement, ECOA, Balloon Notice, Declaration of Non-Owner Occupancy, Business Purpose Declaration, Patriot Act, Arbitration, Environmental Indemnity (commercial), Trust Certification for trust loans
  • DocuSign active on all early disclosure documents
  • ACH option
  • W-9