Lender Summary & Disclosure
- Types of property we look to broker funding are non-owner-occupied Single-Family Homes, 1-4 Family Homes, Commercial Office and Land.
- Loans are commercial purpose Loans such as fix/flip, rehab, rental, buy hold, and bridge loans.
- The length of the Loan is 6-24 months with the possibility of extensions if you desire. However, there is a possibility of paying the loan off in less than 1 month, but typically Loans have a prepayment penalty which is 6 months minimum interest. This means if the borrower(s) pays off the Loan within the first 6 months, the borrower(s) still owes for the remainder of the interest. After 6 months there is no prepayment penalty.
- Loans usually have a low Loan to Value (LTV) ratio of 70% or less, which means that the borrower(s) puts in 30% of their own money to complete the transaction.
- What does Dennis Love Company receive? We receive a broker fee, and points, for brokering the Loan. They are typically 3 points plus a $995 documentation fee paid in escrow by the borrower.
- Are there Loan Servicing fees? Yes, there are, but you pay none. We pay the fee for Loan Servicing or the borrower(s) pays the fee. The Note is serviced by our preferred vendor Evergreen Note Servicing.
- How do you the lender get paid? You get paid by bank ACH transfer from the servicing company, but only if the borrower(s) pays.
- We are not selling the Note; Dennis Love Company LLC is acting as Mortgage Broker, licensed in Arizona, MB 0923961, acting as a broker between you and the borrower(s). Some employees at Dennis Love Company LLC have also licensed Arizona Real Estate Agents and Insurance Agents. We do not act as dual agents on any Loan; however, some broker agents will have transactions where an employee at Dennis Love Company LLC is also employed as the broker agents.
- You will fund the Loan for the borrower(s) in escrow at an Arizona Title Company, and the funds need to be wired 1 day before the closing of escrow. The Title Insurance Company is First American Title Insurance Company. In Arizona, the Title Company will also act as the Escrow Company. Each Deed of Trust is insured by a Lender ALTA Title Policy from First American Title Insurance Company.
- There is no contractual relationship between Dennis Love Company LLC and First American Title Insurance Company or Evergreen Loan Servicing, nor does Dennis Love Company LLC receive any compensation from these vendors.
- The note is secured by the 1st Deed of Trust which is a First Note Lien Position on the property. This means you have the 1st position on the property and are 1st in line to be paid.
The Note pays a high interest when compared to other investments.
- Notes are only for qualified Lenders making short term Loans.
- Many of the borrowers are repeat customers with excellent track records.
- Borrowers are screened using the traditional Loan application process to determine their ability to service the Note and pay back the debt.
- The property is covered by fire and hazard insurance with you as an additional insured loss payee.
- All property taxes and property liens are paid current.
Documents provided to you at closing.
- Note Summary, disclosure, and collateral information which includes:
- Name and address of the owner of the property securing the loan.
- Application of borrower(s) and credit report relative to the ability of the borrower(s) to meet the obligations of the Loan.
- Any improvements on the property or any utilities on or adjacent to the property.
- Terms and conditions of the Loan being made and sold, Loan details.
- The status of any liens on the property.
- The Promissory Note.
- The recorded Deed of Trust with you as the beneficiary.
- Title report.
- ALTA Title policy with the beneficiary to you.
- HUD 1 Settlement Statement.
- Personal Guarantee.
- Property Valuation by way of a Competitive Market Analysis, Broker Price Opinion, or full Appraisal.
- Evidence of Hazard Insurance with you listed as additional insured. Borrower(s) Corporate Documents if applicable.
Potential Loss of Investment
Dennis Love Company LLC (we/us) is not selling the Note; Dennis Love Company LLC is acting as Mortgage Brokers, Licensed in Arizona, MB 0923961, between the Lender (you/your/beneficiary) and the borrower(s) for a Loan (Loan/Note).
Your investment is at risk. There is no guarantee that this investment vehicle will be successful and there is a possibility of failure and the complete loss of your investment.
You are sophisticated and can absorb any loss.
The security of the proposed investment maybe just the value of the real estate.
If the borrower(s) fails to pay — you will not get paid. You only get paid if the borrower(s) pays. Nonpayment by the borrower(s) will result in loss or delay of cash to you.
Loan Servicing is handled by our recommended Loan Servicing Company – Evergreen Note Servicing.
You are the beneficiary of the Note/Loan. You control the Note and Deed of Trust through a Trustee and you listed as the Beneficiary to the Deed of Trust. The Trustee by default is listed as First American Title Insurance Company, a Nebraska corporation P.O. Box 2922 Phoenix, AZ 85062.
The bankruptcy of the borrowers(s) causing long court delays could result in the total amount of principal and interest exceeds the market value of the real estate security.
It would be in your best interest to view the property by at least driving by.
Dennis Love Company LLC or its employees.
Do not guarantee the Loan, and is not obligated to:
- buy back the Loan,
- create a resale market for the Loan,
- to sell the property,
- assign the Loan to another Lender,
- to service the Loan.
You may need to foreclose on the borrower(s) to recover the property and sell the property to recover your initial investment, past payments and fees, and foreclosure fees.
If you foreclose you:
- are the person in charge that handles the foreclosure and associated costs,
- may need cash to complete the project or to make the property marketable if you foreclose,
- may have to pay for forced placed insurance,
- may have to pay past HOA fees, other fees, other liens added since closing and past/future utilities.
You are funding the Note for your own account, for investment purposes only, and without any intention of distributing or reselling any of the Note, either in whole or in part.
You are committing your funds for the term of the Note. The Note is fixed for a term and rate, once executed; you may have difficulty getting out of the transaction if you need the cash.
You may be able to sell/assign the Note, but this may not be possible. Usually, Deeds of Trusts are not liquid; resale before maturity may result in a loss to you. Dennis Love Company LLC does not sell/buy/assign Notes.
Dennis Love Company LLC, Brokers, Agents, and employees are not: attorneys, real estate appraisers, financial planners, securities dealers, or accountants and we do not give advice as to these professions. See competent advice from attorneys, real estate appraisers, financial planners, securities dealers, and accountants before you enter this agreement.
Broker/RI/CEO/MLO NMLS 1057378 | AZMB 0923961 | MLO 1057378