Help update restrictive lending laws to support business-purpose lenders. Private lending is a cornerstone of real estate investment and small business growth nationwide. However, in Utah, outdated and overly restrictive lending regulations are limiting opportunities for qualified professionals to serve borrowers who depend on business-purpose loans. Currently, Utah requires all private lenders to operate under [...]
Private lenders may soon have expanded access to capital via a bipartisan bill that opens a path for more investors to seek accredited status. If passed, H.R.3339, also called the Equal Opportunity for All Investors Act of 2025, mandates that the Securities and Exchange Commission create an exam to certify passing individuals as accredited investors. [...]
The State of Florida already requires that, at minimum, lenders provide borrowers with an annual statement of the payments they’ve made. SB 392 “Requirements of Lenders of Money” sought to clarify the contents of the annual statement, but also added a new provision: Lenders must issue a written notice of default in order to collect [...]
Republished with permission from Doss Law. Original article published 7/1/2025 on dosslaw.com, "Junior Mortgages Doomed After AB 130?" On July 1, 2025 California AB 130 became operative law in California. Intended to remedy “zombie loans¹,” it goes further. Formally, it creates California Civil Code Section 2924.13. It targets “subordinate mortgages,” but does not define that term. If property [...]
This article was updated 7.1.25 to reflect a business name change. Main Street Tax Certainty Act makes key tax deduction permanent. The Main Street Tax Certainty Act (S.1706/H.R.4721) would make permanent Section 199A, a key tax deduction that as of now will sunset at the end of 2025. Section 199A allows individual- and family-owned businesses [...]
5/5/2025 - Florida Senate Bill 392 has been indefinitely postponed and withdrawn from consideration. 3/24/2025 - The American Association of Private Lenders has been made aware of Florida Senate Bill 392, which if passed, will set new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 [...]
This article was updated [date] to reflect a business name change. 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) [...]
This article was updated 7.1.25 to reflect a business name change. 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 [...]
This article was updated 7.1.25 to reflect a business name change. 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 [...]
This article was updated 7.1.25 to reflect a business name change. 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! [...]
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