Lending Compliance
Navigating the complex web of federal and state regulations is critical for private lenders, brokers, and mortgage professionals. Fortra Law’s lending compliance attorneys provide actionable guidance and expert advice to help your business operate confidently, avoid regulatory pitfalls, and maintain enforceable, compliant loan transactions across all jurisdictions.
Practice Areas:
Overview
Lending Compliance
Your business faces unique issues. You have probably been frustrated when working with law firms who do not appear to understand your business. They may be confused by the fact that you make business purpose loans secured by residential property and think that these are consumer loans. They may treat your transaction like a large commercial real estate loan when the transaction is much less formal and sophisticated. Our lending compliance attorneys are here to provide you the support you need to have peace of mind.
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Clients Served
Proudly serving more than 5,000 clients nationwide, from emerging lenders to industry leaders.
Compliance Guidance
Lending Compliance
Your business faces unique issues. You have probably been frustrated when working with law firms who do not appear to understand your business. They may be confused by the fact that you make business purpose loans secured by residential property and think that these are consumer loans. They may treat your transaction like a large commercial real estate loan when the transaction is much less formal and sophisticated. Our lending compliance attorneys are here to provide you the support you need to have peace of mind.
50-State Expertise
Are you scaling a nationwide lending business? Are you struggling to find answers about whether your business needs to be licensed to make, broker, and service loans? Are you worried that your loan terms are not compliant and may be unenforceable? We built our business by partnering with the largest nationwide lenders to be their expert legal counsel.
Our comprehensive licensing and compliance surveys cover requirements for all parties through the life cycle of a business purpose mortgage loan.
Federal Compliance
Think that federal consumer laws do not apply to business purpose loans? Think again. Federal consumer laws such as the Equal Credit Opportunity Act (ECOA), Home Mortgage Disclosure Act (HMDA), Fair Housing Act (FHA), Fair Credit Reporting Act (FCRA), Servicemembers Civil Relief Act (SCRA), and other consumer laws all apply to business purposes loans. Our federal compliance lawyers are here to help with your questions.
California Regulations
California Lending Compliance
California real estate brokers and finance lenders operate in a complex and highly regulated environment, and our team provides practical legal guidance to help them navigate evolving laws and regulatory requirements with confidence. We advise brokers on compliance and operational issues affecting their day to day business, and we work closely with California Finance Lenders to help them understand and manage the regulatory obligations that accompany their licensing authority. With deep experience across both regulatory frameworks, we support clients in reducing risk, maintaining compliance, and operating efficiently within California’s demanding regulatory landscape.
California Department of Real Estate Compliance (California Real Estate Brokers)
Are you a real estate broker in California who is frustrated by the fact that the laws are always changing and you are worried that you are not complying? Did you know that California Real Estate Law places significant restrictions on construction loans, places limits on grace periods and maximum late charges, and imposes maximum loan to value limitations based on the collateral property type? Did you know that you need to send a report to the DRE if you fractionalize a single loan to multiple investors? Stop guessing, and have peace of mind knowing that our team of experts advises brokers in California on all aspects of their business.
Some of our common services include:
- Borrower and Investor Disclosure Preparation, Review, and Compliance
- Threshold Broker Reporting Requirements
- Trust Account Compliance
- Loan Document Preparation, Review, and Compliance
- Loan File Audits to Review for Regulatory Compliance
- DRE Enforcement Action Response, Negotiation, & Representation
- Procurement Agreement Preparation, Negotiation, and Review
- Broker Agreement Preparation, Negotiation, and Review
- NDA/Non-Solicitation Preparation, Negotiation, and Review
- Broker Servicing Compliance, Inclusive of Preparation, Negotiation, and Review of Servicing Agreements
- Website and Advertisement Review and Advice
California Department of Financial Protection and Innovation (California Finance Lender)
As a California Finance Lender, you have a powerful license that permits you and your team to work directly with borrowers and make loans which are afforded significant protections. Because great authority is provided under this license, California does highly regulate the practices of finance lenders. For example, unlike the DRE regulations, all team members must be employees and cannot be independent contractors. Also, unlike the DRE, the DFPI has automatic mandatory forced audits. Additionally, the DFPI has strict constraints regarding the ability to sell loans. We have significant expertise and experience navigating the nuances of the statutes and regulations governing CFLs, including deep industry contacts.
Some common services we provide for CFL licensees include:
- Borrower Disclosure Preparation, Review, and Compliance
- Loan Document Preparation, Review, and Compliance
- Loan File Audits to review for Regulatory Compliance
- DFPI Reporting Advice, Best Practices, and Mock Audits
- DFPI Enforcement Action Response, Negotiation, and Representation
Related Services
Explore Our Practice Areas
Fortra Law supports lenders and financial institutions across a range of related practice areas. Explore additional services that may support your transaction, compliance needs, or broader business operations.
Media
Insights from Our Team
Explore attorney-led discussions covering lending compliance, regulatory developments, consumer protection laws, and operational risks affecting mortgage industry professionals.
Reference Links
Lending Compliance Resources
Browse articles, legal updates, and educational resources covering lending regulations, compliance requirements, and industry best practices.