3/24/2025 - The American Association of Private Lenders has just been made aware of Florida Senate Bill 392, which if passed, will set new requirements to collect default interest. The State of Florida already requires that, at minimum, lenders provide borrowers with an annual statement of payments made. SB 392 "Requirements of Lenders of Money" [...]
The Main Street Tax Certainty Act (S.1706/H.R.4721) would make permanent Section 199A, a key tax deduction which as of now will sunset at the end of this year. Section 199A allows individually- and family-owned businesses organized as pass-throughs (S corporations, partnerships, and sole proprietorships) to take a 20% tax deduction on their qualified business income. [...]
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 [...]
UPDATE: As of 8/28/2024 the bill has passed the both the California Assembly and Senate. It is now headed to Governor Gavin Newsom to be approved, vetoed, or ignored. We need your help NOW to ensure SB 1146 makes it to the finish line! Please show your support for this bill by contacting Governor Newsom. [...]
The shortage of U.S. single-family homes is a multifaceted issue requiring a comprehensive and collaborative approach. Stop predatory investing and end hedge fund control of American homes! Sounds like a righteous cause, doesn’t it? Stopping large institutional investors from swooping in and buying up all the single-family home inventory, pushing out homeowners in favor of [...]
AAPL sends letter to Congress urging definition change that exempts business-purpose loans. Effective Jan. 1, 2018, Congress enacted new Home Mortgage Disclosure Act rules requiring most private lenders to furnish a 110-data-point Loan Activity Report to the Consumer Financial Protection Bureau (CFPB) for each residential mortgage loan application taken, regardless of a loan’s business or [...]
The AAPL supports efforts to combat money laundering and related crime and encourages private lenders to establish a sensible AML program. To understand how anti-money laundering laws apply to private lenders, it is important to understand exactly what is meant by “money laundering.” Money laundering is the process of making illegally gained proceeds (i.e., “dirty [...]
The devil is in the details, so the GRC relies on AAPL members to alert us to proposed legislation that could impact the industry. The AAPL Government Relations Committee endeavors to monitor legislation that may impact you—both positively and negatively. Much of this legislation is at the federal level,including recent foreclosure restrictions, changes involving the [...]
Proposed California and New York bills will significantly impact private lenders. When it rains, it pours. Within 10 days of each other, California and New York proposed legislation impacting our industry. As of the time of publishing, California seeks to add a capital gains tax to nearly all residences sold within seven years of purchase, [...]
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