The Commercial Loan Corporation Loan Process

Commercial Loan Corporation - California Private Money Lender

Commercial Loan Corporation – California Private Money Lender. Joseph Minton, Autumn Skerritt & Kerry Smith

Here Is How The Process Works For A California Trust or Estate Private Money Loan From Commercial Loan Corporation

By: Autumn Skerritt

Hi, I am Autumn from Commercial Loan Corporation. As the loan processor, I typically get introduced to the Trustee or Borrower after our Account Executive has informed them of the loan details and provided them with a clear understanding of the mortgage fees. After making an introduction call to the client, I put a “Needs List” together. A needs list is a list of conditions that I will need the client to provide before we can close the trust loan, estate loan, probate loan or mortgage. At Commercial Loan Corporation we try to make this process as painless as possible for our Trustees and Clients. My goal is for the “needs list” to have less items on it than there are syllables in the word tri-ni-tro-phen-yl-meth-yl-ni-tra-mine. The best part is, doing a trust or estate loan with Commercial Loan Corporation is easier than pronouncing the word.

To give you an idea of what type of conditions we need on a typical trust or estate third party mortgage, here is a great example of a typical “Needs List” that I send out to our clients:

  1. Copy of the Appraisal done for the Trust or Estate
    – If you do not have one, we can order one for you
  2. Copy of the Trust and all Amendments (if applicable)
  3. Copy of the Trust Tax ID Number (if applicable)
  4. Copy of your ID
  5. Proof of Repayment Funds or a Pre-Approval letter for future financing. We can also assist you with this if needed.
  6. Copy of Insurance Declaration Page (we can get this before funding if you don’t have it handy)
  7. Copy of Death Certificates so title can file an affidavit of death (we will need the originals for closing)
  8. Bank Account information for the Trust (if applicable)

I always review the needs list with the client so that I may answer any questions they might have. On occasion, I also use my ESP to answer some questions they have before they even ask them. Here is an example of some commonly asked questions.

  1. When conducting a third party private money trust loan, most clients have been instructed by their counsel that created the Trust to get the home appraised at the time of death. We can often times use that appraisal for our trust loan. Doing so saves the client hundreds of dollars and can speed up the trust loan process. Once I receive that appraisal, I submit it to our review department to confirm the value still holds true and that the home is in habitable condition. That appraisal review process typically takes 24-48 hours to complete. “What if we never got an appraisal done at the time of death?” GREAT question! I am happy you asked that…. we have can offer a few simple options for you.  We can order an appraisal for you! Appraisals are usually completed in 2-5 business days; depending on the area where the home is located. A full residential appraisal typically costs between $350-$550, depending on the area, approximate size and value of the home.
  2. A Copy of the Trust and all Amendments. This condition is only applicable when we are providing a mortgage to a trust. If a client does not have this information available, it is typically easy to solve by calling their Trust attorney and requesting them to email a copy over to me. Often times trust documents ranges from 5 to over 100 pages in size. I know it’s a pain if you are one of the lucky ones that have a very thick trust and no access to a scanner. To help we can always send you an overnight FedEx envelope so you can provide us with the trust documents that way. Once I receive the trust information, I review it with title and escrow. We confirm how many trustees there are and that they have the ability to sign on behalf of the trust.  This review process typically takes about 24 hours.
  3. The Trust Tax ID Number is the condition that I typically get calls from clients on the most.The most common question is “where I can find our trust tax ID #”. The Trust Tax ID Number is not typically in the Trust paper work. It is issued by the IRS. I usually request an old tax form from the client which shows that tax ID number. Some clients have accountants associated with the trust and can also them for the Trust Tax ID Number. The Trust Tax ID Number is needed because at the end of each year we send out a 1098 to each and everyone of our clients so they have it for tax season.
  4. The reason why we ask for a current ID is to confirm that the Trustee name matches our clients. We also use it to confirm the mailing address on the ID.
  5. Because our loans are typically “short term” loans we want to make sure that the client has a plan or the ability to pay off the mortgage. We request review either the most recent bank statement showing that the funds are available for repayment, or an approval letter from a license mortgage banker showing you qualify for permanent. We can also provide you with permanent financing if needed and assist you with getting approved.
  6. The reason we require a Copy of the Insurance Declaration Page is because while our loan is out, we need to make sure that it is covered by insurance in case of damage or disaster. If a client has a hard time getting this policy, no problem. I can always move this to a funding conditions and help the client obtain a policy from the insurance agency.  If the home is not currently covered by hazard insurance, we have a handful of insurance agents we can recommend that will take excellent care of the client.
  7. We ask for a Copy of Death Certificates on every file because 8 out of 10 clients have not filed an Affidavit of Death on title. An Affidavit of Death is used to notify businesses, courts, and other places of someone’s death. This legal document is a sworn statement that legally states someone has passed away. The affidavit of death is typically used in conjunction with a certified death)  In order to lend to the trust after passing, this must be filed before the new deed gets filed. This is a added service we do for all of our clients at no extra charge. We want to make sure that its done the right way, so years after our transaction you will not run into problems.
  8. We ask for the Bank Account information for the Trust (if applicable) because we need to know where to wire the loan proceeds. Because the Trust is borrowing the money, the funds must go to the trust. We typically cannot send the money to an individual when lending to a trust. To be extra cautious we do call the Trustee at the time of closing and ask them to verbally give us the account and routing number.  We do that to help prevent fraud. We do our very best to protect our clients. Some of the issues I have ran into with past clients on this, is the bank account has been dissolved at the time of death and the trust is no longer associated to a bank account. In that case we ask the borrowers to call their current banker and ask them to open up a new account in the Trusts name. If the clients have trouble with that, we can contact the attorney to help find a solution, that works best for that client (so far, we haven’t had to do that yet).

That was a mouthful!  The most important thing to keep in mind is that I am here to serve you. I am also just a phone call away and you can reach me at 877-464-1066 if there is anything that you need. So here is a quick recap of the Commercial Loan Corporation loan process:

  1. I send out needs list to the borrower
  2. Get everything back on the needs list from the client
  3. I open title and escrow (that comes back within 48 hours typically)
  4. I then submit the appraisal for review to confirm value of home (that comes back within 24 hours)
  5. I do a final review of all the conditions along with title and appraisal review
  6. Once everything is verified, I call the borrower and attorney and give them great news that we are ready to wrap up the trust loan. I then confirm the loan amount, net amount and all fees and terms with both client and attorney.
  7. Once everyone agrees on terms and fees, I draw loan docs and releases them for review to the client and attorney (turn time to draw loan docs in about 3 hours)
  8. Once the Client and attorney give Commercial Loan Corporation the thumbs up on the loan docs, escrow will send a notary out to the client and sit with them while they sign the loan document package. The signing typically takes 30 minutes.
  9. After the documents are verified, the loan is funded!
  10. WAIT!!!! One more thing…. We always ask our clients to let us know how their experience was with Commercial Loan Corporation. Here are some testimonials from past Commercial Loan Corporation clients.

If you are in need for a third party loan to a trust or estate, please call us at 877-464-1066 so that we can assist you! We successfully help clients receive an exclusion from property tax reassessment every month and we can help you too!

Come See Us At The 23rd Annual PFAC Educational Conference

Come See Commercial Loan Corporation At The PFAC Educational Conference #PFAC #Estate #Trust #Loans

Come See Commercial Loan Corporation At The PFAC Educational Conference

Come and see Commercial Loan Corporation at the 2018 Annual PFAC Education Conference. Commercial Loan Corporation will be hosting a booth in the Exhibit Hall. This year the 23rd Annual PFAC Educational Conference will be celebrating the legacy of success of California licensed professional fiduciaries. PFAC is proud to serve this honored profession by providing some of the most comprehensive and current education in the industry, partnering with proven presenters and speakers imparting skills and knowledge that you can put to use in your practice. Commercial Loan Corporation is proud to support this event and if you are attending we will be happy to see you there. The PFAC Educational Conference will be held at the Riverside Convention Center this year on May 30th – June 2nd, 2018.

Commercial Loan Corporation PFAC Ad 2018 Educational Conference

Commercial Loan Corporation PFAC Ad 2018 Educational Conference

Mike Riggs will be on hand at the conference to answer any questions that you may have on Proposition 13, Proposition 58 and how to best take advantage of the savings benefits with our trust & estate mortgages. You may also visit our Homepage for additional information on our Trust & Estate loans. For additional information on how to find us at the 23rd Annual FPAC Conference or about our specialized loans to trusts and estates, please call us at 877-464-1066.

Residential Property Tax Specialists

California Residential Property Tax Specialist, Proposition 13 and Proposition 58

California Residential Property Tax Specialists

The Importance Of Working With A Residential Property Tax Specialist

Working with the right business professionals can make all the difference. When it comes time to secure a Proposition 58 Exclusion From Property Tax Reassessment, through Prop 58, that could not be more true. The process of obtaining your exclusion from property tax reassessment can be littered with pitfalls. Even just one small mistake can be the difference between obtaining an exclusion or not. Retaining a Parent’s or Grandparent’s low Proposition 13 property tax rate can save you potentially thousands of dollars each year. That is why it is important to have a good Private Money Lender, Attorney and or California Property Tax Specialist on your side to help guide you.

When providing clients with a third party loan to a trust, we always recommend that they work with either a Trust & Estate Attorney, Qualified Trust Administrator and or a Property Tax Specialist. Attorneys and Residential Property Tax Specialists provide different services. Some California Residential Property Tax Consultants specialize in assisting clients in obtaining a Proposition 58 exclusion from property tax reassessment. Their expertise in these matters can be invaluable. The best of them even have experience working for the County as a Property Tax Assessor. This gives them a great deal of insight into what the assessors office will need in order to grant your exclusion. It can be especially helpful in complex situations where time is of the essence. In California, you only have three years to file for the exclusion from property tax reassessment. A long process can also delay the distribution of a trust in some cases.

The complexities of obtaining an exclusion from property tax reassessment should not be understated. Unless you deal with California’s Proposition 58 Exclusions From Property Tax Reassessments on a regular basis, it can be difficult to avoid mishaps.  Here are just a few examples of issues that a qualified California Property Tax Consultant can assist you with.

Common Proposition 58 Exclusion From Property Tax Reassessment Mistakes:

Not conducting the 3rd party financing properly and causing a property tax reassessment to occur.

Not keeping track of each eligible transferor’s $1 million limit; thereby exceeding the $1 million limit and triggering a reassessment for the overage.

Avoiding situations where an acquiring beneficiary lends money to the trust when funds are needed to make an even distribution. The California Board of Equalization views this as a child buying out another child as opposed to a parent to child transfer. The exclusion for reassessment requires a transfer from parent to child.

These are just a few examples of circumstances where a California Property Tax Specialist can assist you. If you are in need of a third party loan for a trust, a qualified Trust & Estate Attorney or a Property Tax Consultant referral, please call us at 877-464-1066 so that we may assist you.

If you are a California Trust & Estate Attorney, Probate Attorney, Fiduciary, Estate Planner, CPA, Wealth Manager or Property Tax Specialist and would like to be added to our list of Trust & Estate Professionals, please use the following link to apply to become a Commercial Loan Corporation recommend Trust & Estate Professional. Credentials will be reviewed and verified.

Trust & Estate Professionals Link

 

Trust & Estate Professionals

 

Why Choose Commercial Loan Corporation?

Commercial Loan Corporation, A California Proposition 58 Lender

Commercial Loan Corporation, A California Proposition 58 Lender

Why Commercial Loan Corporation

There are several things that separate Commercial Loan Corporation from other California private money lenders. Perhaps most important is that Commercial Loan Corporation specializes in loans to trusts with the specific goal of retaining the original prop 13 tax status. There are a few lenders that consider these transactions occasionally but these loans are a small percentage of what they do. It is critically important that this transaction is done correctly to ensure that the county doesn’t reassess the property. There are a lot of mistakes that can be made if it’s not done correctly. We work directly with both the customer and the attorney to assist in this process. We have adjusted our documents with the help of numerous attorneys to provide a seamless transition when the property is distributed from the trust to the individual taking the property in the distribution from the trust. We understand the process better than most, because it’s all we focus on. And we are the lender so we make all of the decisions ourselves. You are right at the source.

Another very important thing that separates us from anyone out there is our policy on early payment. You will find that other private money lenders want to make as much interest as possible off of the transaction. This is not a bad thing. Companies are in business to make a profit. However, our policy on prepayment penalties helps us stand apart from other lenders. Most lenders, in addition to their loan costs, require a pre-payment penalty of some sort. This can be a standard 6 month or 1 year early payoff penalty or in some cases can be a specific number of months of required interest. If a lender requires that you make 3 or 6 payments of interest on a loan prior to being paid off, it is the same thing as a prepayment penalty. A requirement for certain number on month’s interest guarantees a lender that the loan will be more profitable. If a borrower is required to make a specific number of interest payments, it adds to the cost of the loan. For example, if a borrower is required to make 90 days of payments on a loan, it is the equivalent of adding 2 to 3 percent of the loan amount in loan costs.

Commercial Loan Corporation has no prepayment penalties of any kind. None. This can be extremely beneficial to the customer financially. If the money to pay the loan back is readily available we have worked with customers that pay off our loan immediately eliminating virtually any interest costs on the loan. This means that the initial fees charged for the loan is the entire cost of the loan.

Here is an example…

Say the customer has a personal line of credit available to pay off our loan from their lending institution. We can work with them to determine the best timing to fund our loan depending on the availability of their funds. If we fund our loan on Monday, they can pay off our loan on Tuesday, effectively eliminating the accrual of interest. This can be a great tool to potentially save thousands of dollars in interest payments.

We also work with the attorney and the customer to decide when to file the re-conveyance showing that the loan has been paid off. Some of the attorneys we work with want to wait to file the reconveyence (proof the loan is paid off) until they are satisfied that the county has concluded the Exemption for Reassessment of property taxes. We can accommodate the preference of the attorney in the timing of filing the reconveyence.

Don’t let any of this confuse you, we are here to answer any questions you have on the subject and look forward to helping! We tend to do business the old-fashioned way. We do what we say we’re going to do and we focus on speed and customer service.

For assistance, contact us at 877-464-1066 or call our California Account Executive Mike Riggs at 714-442-8901 or mriggs@cloanc.com.

 

Property Tax Issues In Trust And Estate Distributions

California Property Tax Issues Relating To Trusts & Estates

On Wednesday, April 18, 2018 at 12:00 PM, Commercial Loan Corporation will be presenting Property Tax Issues In Trust And Estate Distributions For The Long Beach Bar Association, Probate Trust and Estate Planning Section. Kerry Smith the President of Commercial Loan Corporation will be discussing common issues to consider when dealing with property taxes, California Proposition 13 and California Proposition 58. The cost to attend is $10 of Long Beach Bar Association members and we encourage you to RSVP as soon as possible as seating is limited for this event.

If you have questions regarding a 3rd Party Loan to a Trust or Estate, please call Commercial Loan Corporation at 877-464-1066. Commercial Loan Corporation is a Professional Private Money Lender. We can assist you in making sure that you or your clients Trust or Estate loan transaction is a successful one. We specialize in providing mortgages to trust and estates so that an even distribution can be made and a beneficiary or heir can take advantage of California Proposition 58 and receive an exclusion for property tax reassessment. Doing so allows a child to retain a parents low Proposition 13 tax rate on a transferred property.

To RSVP for this event, please call 562-988-6444 or visit The Long Beach Bar Association website at www.longbeachbar.org

The Property Tax Issues In Trust and Estate Distributions seminar fulfills 1 Hour of MCLE credit.