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.
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 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 Business Oversight Compliance (California Finance Lender Law)
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 DBO has automatic mandatory forced audits. Additionally, the DBO 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
- DBO Reporting Advice, Best Practices, and Mock Audits
- DBO Enforcement Action Response, Negotiation, and Representation
Lending Compliance Resources
- Why AML Compliance is Critical for Lenders
- Surviving AB 130: Critical Insights for California Lenders
- Business Purpose and Consumer Loans Explained
- Mezzanine Loans: Essential Insights for Smart Lenders
- Partnering With a Private Lending Law Firm? Read This First
- Hard Money Lending Laws: A Quick Guide
- 5 Must-Have Terms in Your Loan Servicing Agreement
- In re Moon and the Future of California Lending
- Consumer Laws That Apply to Business Purpose Loans
- What Does the DRE Say About Private Money Transactions?
- What Will New York Senate Bill S3177 Mean for Lenders?
- Major Changes for Mortgage Licensing Laws in Maryland
- Avoid Costly Pitfalls: Mastering DRE Compliance for Your Loan Docs
- Debt Fund Structures & Licensing: Making the Right Moves
- DRE Rules for Handling Funds & Fees
- Licensing and the DRE Compliance Manual 101
- AB 3108 – Misrepresentations on Business Purpose and Residential Bridge Loans
- The End of Chevron Deference – And Business Purpose Loans?
- California Compliance Toolkits For Private Lenders
- Making Your Advertising Compliant
- A Private Lender's Roadmap to State Privacy Laws
- The Ultimate Guide for Multi-State Lending Compliance
- CFPB Continues to Regulate Private Lenders – The Small Business Lending Data Collection Rule
- “Show Me the Equity!”
- Qualifying your borrower: What Lenders Need to Know About Anti-Money Laundering (AML) Compliance
- Origination Fees: DOs and DON’Ts for Mortgage Professionals
- Do you Know Your Borrower? Investor? A Private Lender’s Guide to AML and Red Flags
- Compliance For Private Lenders
- Making Sense of the Recording Process and Why You Should Record
- Complying with California Threshold and Multi-Lender Broker Reporting Requirements
50-State Licensing and Compliance Expertise
Scaling a nationwide lending business presents challenges due to varying state laws and licensing requirements. As the largest private lending law firm in the U.S., Fortra Law helps lenders, brokers, and servicers maintain full lending compliance across all 50 states. Click here to learn more about our 50-State Licensing and Compliance Surveys
Our 50-State Surveys include:
- Licensing requirements for lenders, brokers, loan originators, processors, underwriters, servicers, and owners of mortgage servicing rights
- Guidance on whether a license is required to make, broker, fund, purchase, or sell loans
- State-specific rules for table funding, late fees, usury, prepayment penalties, referral fees, and mechanic’s liens
- Additional regulatory considerations, including choice of law, DBA filings, and DoT trustee requirements
Federal Lending Compliance
Federal consumer laws often apply to business-purpose loans. Fortra Law ensures your loans meet all relevant federal requirements, including:
- Equal Credit Opportunity Act (ECOA)
- Home Mortgage Disclosure Act (HMDA)
- Fair Housing Act (FHA)
- Fair Credit Reporting Act (FCRA)
- Servicemembers Civil Relief Act (SCRA)
- Other applicable consumer protection statutes
California Lending Compliance
California Department of Real Estate (DRE) Compliance
For real estate brokers in California, compliance with DRE regulations is complex and constantly evolving. Fortra Law advises brokers on all aspects of their business, including:
- Construction and fractionalized loans
- Grace periods and maximum late charges
- Collateral-specific loan-to-value (LTV) restrictions
- Reporting obligations for fractionalized loans
- Trust account management and regulatory filings
California Department of Business Oversight (DBO) / California Finance Lender Compliance
As a California Finance Lender (CFL), your license carries significant authority but also strict regulatory obligations. Fortra Law provides guidance to ensure full compliance with DBO requirements, including:
- Employee requirements and audit preparation
- Loan sale regulations and documentation
- Regulatory reporting and best practice guidance
- Enforcement action response and representation
- Corporate structuring and third-party agreements
Our Services
Corporate Business Law
Securities & Capital Markets
Corporate & Securities Resources
AML Compliance for Private Lenders: FinCEN Real Estate Rule
Corporate Governance Essentials for Scaling Private Lending Firms
As private lending firms grow beyond a founder-led operation, the decisions that once felt easy, such as approving loans, onboarding investors, managing capital, and setting internal processes, can become increasingly complex. Growth brings opportunity, but it also introduces operational risk, ...
Innovation Meets Regulation – Why Fractional Loan Platforms Must Think Like Securities Issuers
Fractional interests in loans, where a single loan is divided into multiple pieces and sold to multiple investors, have become increasingly popular through web-based investment platforms. These platforms make it easy for investors to purchase small portions of real estate ...
Corporate Business Law On Demand
Our Services
Corporate & Securities
Banking & Finance
Litigation & Bankruptcy
Why Choose Us
Fortra Law is the nation’s largest law firm dedicated almost exclusively to the private/non-conventional lending space and is the leading legal resource for specialty lenders, asset-based lenders, private lenders, and non-bank institutions. Our legal departments include Banking & Finance, Corporate & Securities, and Litigation & Bankruptcy, offering lenders a vertically integrated suite of services while our Fortra Conference Line provides networking and educational opportunities to the industry at large. Reach out today to see how we can partner together.
Your Legal Resource Hub
Conference
Line
50+ Events
Lender Lounge
Podcast
100+ Episodes
Featured
Articles
500+ Articles
Coming Up Next
APR 28
Registration Open
Lender Lounge Season 6, Episode 7 | Online Event
Cultivating Success Through Connection with Kendra Rommel
MAY 13-14
Early Bird
LeverageCon5 | Fairmont Dallas Hotel
Join industry leaders Kevin Kim, Jennifer Young, and Noah Sturgeon
MAY 28
Registration Open
Webinar | Online Event
Private Lending Capital Stratagies: Do REITs Still Make Sense In 2025?
Contact Our Banking & Finance Team
Your Partner in Lending Compliance
Fortra Law combines deep industry knowledge with hands-on experience to provide lenders, brokers, and servicers with comprehensive lending compliance solutions. We help you expand confidently, reduce regulatory risk, and structure loans that are fully enforceable at both the federal and state levels.