Dan J. Harkey

Master Educator | Business & Finance Consultant | Mentor

Real Estate Finance

Real Estate Finance insights for owners, lenders, and real estate pros—rates, credit, underwriting, leverage, DSCR, cap rates, cash flow, and risk

Real Estate Finance is where deals either pencil—or they don’t. This category covers the money side of real estate: interest rates, credit markets, underwriting standards, leverage, debt service, DSCR, cap rates, cash flow, reserves, and risk. You’ll find practical insight on mortgage lending, private and complex money structures, refinance strategy, and how policy and market shifts quietly reprice assets. Expect clear explanations, real-world frameworks, and a little humor—because nothing reveals “reality” faster than a loan term

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Legal vs. Equitable Ownership in Real Property: Why Is This Critical?

As It Relates to a “Due on Sale,” and “Due on Encumbrance” Provision in a Deed of Trust

Earners (Workers Who Pay Taxes) vs The Non-Productive (So-Called Bureaucratic Worker) Class and The Parasitic Takers Who Produce Nothing But Expect Everything as an Entitlement.

It’s a question of profound significance. It delves into economic productivity, social policy, and cultural values, making it a topic of great interest and relevance. Who earns, pays taxes, and contributes to the economic engine of the U.S., and who are merely takers who subsist while exploiting the productive people? I intend to exclude those who are genuinely in need of help because of age, mental, or physical handicaps.

The Smoot-Hawley Tariff Act of 1930: Part I

The Smoot-Hawley Tariff Act, officially known as the Tariff Act of 1930, was a U.S. law that raised import duties on thousands of goods to protect American businesses and farmers during the Great Depression. Sponsored by Senator Reed Smoot and Representative Willis C. Hawley, it became infamous for its unintended economic consequences, serving as a cautionary tale against hasty policy decisions.

Non-Profits and Churches: A Real Estate Lender’s Guide

In California, the Attorney General’s office plays a critical oversight role for nonprofit and religious organizations, particularly those classified as charitable entities.

Frequently, the Mortgage Broker Must Help Clean Up The Borrower’s Mess To Close The loan.

A good mortgage broker is worth their professional designation as a real pro, and to earn a handsome fee when they handle technical problems to achieve an adequate solution to get the loan approved

AB-2243, California: Housing on Commercially Zoned Land

Here’s a detailed summary of California Assembly Bill (AB) 2243, which significantly expands the scope and impact of AB 2011 and SB 6 to promote housing development on commercially zoned land:

AB-2243: Streamlined Housing Approvals for Residential Developments on Commercially Zoned Property.

Assembly Bill (“AB”) 2243 expands the existing streamlining process for residential developments on commercially zoned properties. The law took effect January 1, 2025.

California Senate Bill 35 (SB-35) Tiny Home Subdivisions

SB-35 was enacted in 2017 and is a key piece of legislation aimed at addressing the state’s housing crisis by streamlining the approval process for certain residential developments.

UCC-1 Financing Statement? What is it and how does it work?

A UCC-1 (Uniform Commercial Code-1) financing statement is a legal form that a lender files to publicly declare their interest in a borrower’s personal property as collateral for a loan. It’s part of the Uniform Commercial Code, which governs commercial transactions in the United States. This filing process is a crucial step in the loan process, ensuring that all parties are informed and knowledgeable about the legal aspects of the transaction.

Mechanics’ Lien Laws: California

California’s Mechanics Lien Law provides a legal remedy for contractors, subcontractors, suppliers, laborers, and certain design professionals to secure payment for work or materials provided on construction projects. Here’s a comprehensive overview based on the latest 2025 guidance:

Trust-Owned Property: A Strategic Lending Opportunity for Real Estate Professionals

Please note that, as a matter of law, the trustee of the family trust owns the property on behalf of the trust. The trust is not a standalone entity and cannot act without a trustee.

Owner-Occupied Commercial Buildings- Ownership of Two Different Entities of the Same Principal- The Business and The Real Estate

Financing owner-occupied commercial buildings presents unique challenges and opportunities, especially when the ownership and operating structures involve entities like S-Corporations and a trustee of a revocable family trust

Strategic Investment Opportunities

How Private Money Lenders Enable Success Where Banks Hesitate

Investing in value-added real estate with private money financing can be highly profitable, but it also comes with several risks that investors and lenders must carefully evaluate.

A profit potential will be calculated on the front end, including developing a plan, obtaining bids, the outlay of capital for fix-up costs, re-rent, and stabilization.

California’s Centralized Development Approval Process: A Shift in Power

A state-level bureaucracy has taken over the development approval process, leaving local municipalities with only ministerial approval rights, subject to the state standards.

Can You Acquire Property Subject to a Seller’s 3% Loan Without Notifying the Lender?

Most trust deeds and mortgage documents have an alienation clause, referred to as a due-on-sale clause, providing for an acceleration of the debt on the transfer of ownership

A Few Borrowers’ Withheld Material Facts Which Complicate the Loan Underwriting Process

Lenders rely on receiving all material facts available to make their credit assessment of the collateral property and the borrower. When information arrives in sketchy or inconsistent forms, it complicates the process.

AB-3108-Makes it a felony for any mortgage broker or loan originator to knowingly misrepresent the purpose of a loan.

This law, which focuses on making loans to single-family owners of occupied properties, tightens accusations of fraud by a mortgage broker while simultaneously inviting borrowers and hungry lawyers to sue the lender and mortgage broker for fraud. This recent law was signed by Governor Newsom in California, amends Section 4973 of the Financial Code.

Clear and Present Danger: When He Tried to “F” Over His Soon-To-Be Ex-Wife

Honey, I Didn’t Think You’d Mind!

Skin in the Game:

Why It’s Essential in Real Estate Lending