QUOTE(BIGWORM @ Feb 21 2006, 11:47 AM)
Dear Lattae, think about what you are saying.
Would you provide a multi-million dollar loan to someone who first of all has been turned down by every conventional lender. And then, without performing your own due diligence on the property.
You then address the fact that we allow for a third party appraisal to be done if the borrower disagrees with the first value. Would allow them to hire anybody without first checking their credentials? What if they were to hire their brother-in-law to do it, or a business partner, this would be alright for you to then lend them millions of dollars. I don't think so, that is why the appraiser needs to be mutually agreed upon. Besides that, you are questioning the business practices of CB Richard Ellis and Kushman/Wakefield. These are two of the largest appraisal companies in the world, do you really think they would commit fraud for my company or anybody else's for that matter. Yet that's what you suggest.
Also, tell me how many banks you use that allow the borrower to disagree on an appraisal and get a second opinion that the bank would then be obligated to lend against.
As far as that law suite that everybody likes talk about, can anyone name a major lending institution that has not been sued. Go through your databases, find all your major banking institutions and find one that has not paid out many settlements in the past. We have been in business for over 20 years, we have had 5 law suites files against us, and we have never been ordered to pay a single penny on any of them.
As far as our fees, private/hard money lenders are expensive because we take on high risk loans, we do the things that banks can not do. We can also close multi-million dollar loans in as little as 7 days, name a conventional lender that can do that. Why would you expect us to have the same fees and terms as banks without the same restrictions and guidelines as banks.
The 4% in lieu of equity means that you only pay us 4% for providing you the loan you require. People who come to us for money only have 2 options left, either a hard money loan or an equity partner. Now, anyone who does business knows that when you take on an equity partner they are going to want a sizable portion of your profits, usually between 40% and 50% depending on how much monetary involvement they have. Do you still think that we are too expensive?
We currently have over $300 million in loans on our books and closed 72 deals last year, if anyone wants to question our ability to perform they should check the numbers first.
Look, if you could find cheaper money then obviously you would not need our service, but if you have exhausted all options or if your client absolutely must close in less than two weeks then we are what you need. And I'm sorry to say it but at that point you and your client should expect to pay a premium for the money they need.
I would be more than happy to speak with anyone who has a question or concern regarding my company to hopefull clear the air about their misconceptions. Please PM or call me directly so that we do not clog up the forum with unnecessary clatter.
Sorry Terry,
Think, Thought, been there done that.......
I've been in business for almost 26 yrs.
I have run across a lot of shaker and fakers. The sad thing is that they all come in all shape, forms, and with a new line. The State Attorney General Office Investigative Services, told me once "If a con man wasn't charming and have the right words to say, he wouldn't get very far"
When your boss contacted me and explained to me in a limited summary liken to "Candyland". I then in returned requested a "Approval Letter" instead I received a, what I considered "Blackmail to receive a loan" Am I wrong? A "Letter of Interest"
You guys are going to make someone pay $10,000 without guaranteed and put a lot of loopholes, so that you can wiggle out of. By presenting to them a very deliberate and crafted letter.
I have also discovered that the Commercial loaning industry, isn't regulated very well, in most states. Anyone can pay a small fee and receive a license of sorts and hang out a shingle. AM I WRONG!
But what ticked me off about the "Blackmail Letter" request is that it was not clear. There was no "Meeting of the minds" So if I were to go into court, you would win everytime.
1. I requested $5,000,000. You guys would loan only 60%. Then you go on to say the 4% of the loan amount would be paid from the
loan proceeds! In this black and white letter means $2,880,000.00 would only be in hand. And who knows whatever else you could have dreamed up.
Then you state that a refund must be in writing within 90 days if there is no loan commitment. From a reputable agency, this is a given. (That's if someone fell for your request and handed the funds over to you).
Then the further tick-lization continued, when you requested 3% commitment fee!
That's what you dreamed up!
(Confusion insued)

...............Is this a "Down Payment?" or what?
No commitment means, if I uncommit you keep my money, if I don't like your commitment! And you get to keep my $10,000. Because why would you request $10,000 to write up a loan commitment, with terms and conditions in the first place!
It didn't explain 3% of what? But all I could assume was 3% of the loan amount. This would be laughable if I didn't know that there are people out there paying you guys this.
So that ups it to 7% of $3,000,000.00 and I needed $5,000,000 in the first place.
This is the best part. You get the $10,000 to write up terms and conditions of the loan (am I wrong)...then you turn around and state, this amount is refundable if KFI doesn't offer you a loan!
What you are saying is...we will write the loan up first on ugly paper, then after we tell you to take it to your attorney, we will write it on pretty paper. But non-the-less it's an offer. And everyone knows that not all attorneys are the sharpest knives in the drawer.
The 2nd best part, the coup-de-grad...."The loan must close pursuant to the terms and conditions of the KFI commitment"....
Then false hopes are given(Candyland). Anyone in the industry can tell you that the only way a loan can close in 7 to 10 days only if, all the paper work is already in place. Meaning, like you said, that the borrower or broker has taken it from another lender, where the deal has gone sour, then all you have to do is, collect your high fee's and type up some horrible terms and conditions. At this point they are desperate. Like the guy up above sounded.
Let's get this clear. To question the practices of any business, is stupid not to ask the question. I am sure and anyone can tell you, in the industry, there are a lot of people starving and this is a Capitalistic society. Such as what you are doing.
I don't think I said that CB Ellis/Wakefield were committing fraud, this would be irresponsible. What I am saying, they would more than likely come in with a low ball evaluation, in order to sustain a lenders continuing trust in protecting their interest, of not to evaluate or to over evaluate.
Would I allow someone to hire their brother-in-law or business partner to do a appraisal. If you, the lender hire an appraiser, this is your brother-in-law or business partner. You receive the appraisal first don't you? That appraiser can't send it to the Borrower directly, can they?
I have written the Dept of Appraiser on numerous occassions regarding Appraiser's and their practices! I've had several fee's returned to me.
Annnnnd I have gone out and hired another appraiser, submitted my own comparables. Then this is when you discover what the first appraiser is all about! And in some cases the Lender also.
Look. The issues that I had were 1.)
Asking for fee's up front 2.) Confusing retoric 3.) Demanding a borrower to close according to your dasterly terms and condition. Maybe you do have a place in this world of finance. But definately for the desparate.
There is a Usury Law and in some states, they differ. There is also a law about signing a contract and not being able to meet the conditions under normal circumstances. I don't believe that you guys have only been threaten with only 5 lawsuits. You may have settled prior. And bragging about $300 mil isn't a lot on each property of 72.
Lastly. I have run across, lenders, investors wanting in on the "Pie in the Sky" and they all differ. Not all ask for 40-50%. It's what you agree upon and for how long. So don't add this to your defense of over bloviating your fee's.
And like I said before. You guys are not the only Buzzards out there, waiting for someone to die.