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Dennis H. Doss

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Dennis H. Doss

Manager

Biography

Dennis H. Doss is well versed in all aspects of mortgage finance, from the entities that operate and finance real estate to the professionals who finance real estate. He is a frequent lecturer on mortgage related issues, including consumer credit, commercial credit, mortgage backed securities, private money lending and lending compliance.

Dennis has been a private money mortgage lawyer since 1978 and counts many of the top private or hard money mortgage lenders as his clients.

Dennis also taught corporate law for 15 years at the University of California at Irvine-Extension. He has served as counsel to litigation committees in corporate derivative actions.

Dennis served on the Real Finance Advisory subcommittee of the California Department of Real Estate and is the co-author of its primary borrower disclosure form RE 883, Mortgage Loan Disclosure Statement, used by private money mortgage lenders

Areas of Practice

  • Loan Documentation: Documentation of Simple to Complex Business Purpose Loans & Loans Secured by Commercial Real EstateLoan Documentation: Documentation of Simple to Complex Business Purpose Loans & Loans Secured by Commercial Real Estate
  • Fund Formation and Compliance: The Largest Fund Creator in CaliforniaFund Formation and Compliance: The Largest Fund Creator in California
  • Hard Money Lender Representation & Private Money Lender Representation Licensing, Compliance, and ReportingHard Money Lender Representation & Private Money Lender Representation Licensing, Compliance, and Reporting
  • Securities: Architects of Mortgage Pools, Real Estate Funds, REITS, and Opportunity Zone FundsSecurities: Architects of Mortgage Pools, Real Estate Funds, REITS, and Opportunity Zone Funds
  • Department of Real Estate Defense and Department of Financial Protection and Innovation DefenseDepartment of Real Estate Defense and Department of Financial Protection and Innovation Defense
  • Consumer Credit: Dodd-FrankConsumer Credit: Dodd-Frank

Education

California Western School of Law
California Western School of Law

J.D., magna cum laude

California State University at Northridge
California State University at Northridge

B.A.

Continuing Education
Continuing Education

Ongoing general continuing legal education (CLE) and finance law specific educational programs

Programs & Affiliations

California State Bar
California State Bar

Passed Bar Exam – Became Licensed to Practice Law – 1978

Orange County Bar Association
Orange County Bar Association

To Enhance the System of Justice, To Support the Lawyers Who Serve It, and To Assist the Community Served By It.

Payment Reset Agreement Features

  • 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

Subordination Agreement Features

  • 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

Intercreditor Agreement Features

  • 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

Pre-Negotiation
Agreement Features

  • 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

Loan Default Letter Features

  • 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

Forbearance Agreement Features

  • 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

Payment Reset Agreement Features

  • 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

Loan Modification/Extension
Document Features

  • 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

Seller Financing Docs Features

  • 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

Consumer Bridge Loan Docs Features

  • 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