Legal Question in Real Estate Law in California

private lender

Can a private person lend an individual money for real property at any interest rate, charge points, loan fees etc?


Asked on 1/10/05, 6:28 pm

4 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: private lender

No, but a licensed real estate broker in CA is not subject to usary laws (excessive interest).

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Answered on 1/10/05, 6:35 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: private lender

No. While a private party can loan money secured by a deed of trust to real property, the interest rate must be reasonable and not usurious, and an individual cannot, as a general rule, charge points and "loan fees etc."

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Answered on 1/10/05, 6:36 pm
Scott Schomer Schomer Law Group

Re: private lender

An individual can do whatever they want, but if the loan has an excessive interest rate, it will be deemed usurious and not enforcable. You can avoid usury problems by having a real estate broker 'arrange' the loan. See a broker or attorney for more details.

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Answered on 1/10/05, 6:40 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: private lender

No, the California constitution limits you to 10% I think. You can go higher if you can fall into an exemption -- e.g., broker, bank, financial istitution, attorney also I think. If you have access to capital that you want to lend out, you should contact me.

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Answered on 1/10/05, 11:45 pm


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