Here is what the Moon case and its aftermath mean for the future of brokered loans in California. In the Summer 2024 issue of Private Lender, we shared a brief history of usury law in California (the limitations on interest rates charged on business-purpose loans). Since writing that article, there have been exciting new developments [...]
AAPL’s Government Relations Committee will continue to monitor the situation and assist in developing a plan for future steps. For more than 40 years, the law of usury in California has been a bit of a joke—that its exceptions are larger than the rule itself. Generally speaking, California caps the interest rate for all loans [...]
A borrower’s bankruptcy filing can be one of the biggest headaches lenders face. Bankruptcy protection is designed to give a debtor, whether an individual or a business, a fresh start. Although in some cases bankruptcy may result in losses to lenders, generally the societal benefits of this fresh start greatly outweigh those small losses. The [...]
AAPL opposes foreclosure moratoriums and mandatory forbearance on business-purpose loans. COVID-19 has created some of the most far-reaching impacts our industry has seen. It is no surprise then that governments at all levels took some measure of direct action to guard against one immediate negative consequence of that health crisis: skyrocketing unemployment. A consequence of [...]
Government intervention in the housing and lending markets through eviction and foreclosure moratoriums is impacting private lenders’ ability to deploy capital and originate loans. To say things have changed in 2020 would be the understatement of the century. Efforts to limit the spread of COVID-19 have impacted all facets of life. Real estate and real [...]
Instead, promote incentives to increase economic activity and to create the change we all want to see. Most states or other governmental subdivisions that we are aware of impose what is known as a conveyance tax, transfer tax, sales tax or fee on the sale of real property. These taxes are generally very low in [...]
Senate Bill S3060E introduced in the New York state legislature would dramatically increase the transfer tax on fix-and-flip residential property. The New York state legislature is trying to pass a law to dramatically increase the transfer tax on certain family properties sold within two years of original acquisition in New York City. (Note: For certain [...]
It is important for all lenders to know that there is no such thing as preventing fraud or being fraud-proof. To think you are fraud-proof opens you up to lax behavior and ultimately, puts you at greater risk. What we can do as lenders, is think about how to be fraud-resistant, and thereby remain vigilant [...]
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