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Page 1: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

Summer 2016

Cyber Securityby Carlos Nodarse

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Points of Interest Summer 2016 Page 1

Inside This Issue From the President .................................................2

From the Editor ....................................................... 3

Sacramento Summary ...........................................5

CYBER SECURITY – Top 10 Things to Help Protect Yourself in this Connected World .........7

Local Points of Interest: San Diego ...................12

Summer Seminar ................................................. 14

Spring Seminar Photos ....................................... 18

Spring Seminar Sponsors ................................... 20

Spring Seminar Exhibitors ...................................21

PAC Contributors .................................................. 24

Conforming vs. Nonconforming: Making Your Property Lending Decisions ...... 29

4.5% Senior Debt Class in a Private Money Mortgage Pool: Insanity or Brilliance? ..............31

A New Type of Housing Discrimination .......... 33

Stricktly Strickland ............................................... 35

Welcome New Members .....................................37

2520 Venture Oaks Way, Suite 150Sacramento, CA 95833

(916) 239-4080 – phone • (916) 924-7323 – [email protected]

www.californiamortgageassociation.com

Points of Interest is published by the California Mortgage Association, a voluntary trade association serving California mortgage and trust deed brokers and lenders.

2015-2016 BOARD OF DIRECTORS

Stephen Pollack – PresidentAnchor Loans, Inc.

Mark Forbes – Vice PresidentF.E. Forbes Company, Inc.

Elizabeth Knight – SecretaryPLM Lender Services

Pam Sosa – TreasurerStandard Mortgage Financial Services, Inc.

Odell Murry – Immediate Past PresidentMAI Financial Services, Inc.

Steve Belleville – Real Estate Lending Group, Inc.Robert Box – Equity Funding Resources, Inc.

George Eckert – The Money BrokersNoah Furie – Budget Mortgage Corporation

Glenn Goldan – ReProp Investments, Inc.John Graziano – BaySierra Financial, Inc.

Charles Hershson – Fidelity Mortgage Lenders, Inc.David Herzer – Herzer Financial Services, Inc.

Joff rey Long – Southwestern MortgageLori Randich – Redwood Mortgage Corporation

Michelle Rodriguez – Woodland Hills Mortgage Corp.Richard Temme – R.C. Temme Corporation

Richard Wachter – Wachter Investments, Inc.

Michael Arnold & Michael Belote, Esq.Legislative Advocates

Phillip M. Adleson, Esq. Brad Rogerson, Esq. Legal Counsel Securities Counsel

CMA HEADQUARTERS STAFF

Jennifer Blevins, CMPDirector of Management Services

Teresa ExciniaExecutive Director

John BerkowitzPublications Director

Jen Gross, CMPMeeting Planner

Michael CochranWebmaster / IT Manager

Lexi HowardSpecial Projects

Stephanie SchoenSpecial Projects

Tricia Schrum, CPAAccounting

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From the PresidentBy Stephen Pollack • 2015-2016 CMA President

Page 2 Summer 2016 Points of Interest

t is always an honor to lead an organization whose mission and membership add value to the community at large, but

it is especially gratifying when that organization consists of so many individuals who are themselves outstanding leaders.

Having served as President of the CMA over the last year, my appreciation of and respect for the contributions made by all of you in your roles as business leaders continues to grow, and I consider it a privilege to have served alongside those of you who volunteer so much of your time and expertise to this great organization.

As my term as CMA President comes to a close, I’m happy to report that the state of the organization is excellent—with a signifi cant increase in membership due in great part to the eff orts of the Membership Committee led by Mark Forbes and Steve Anderson and their establishment of the Ambassador Program and Threshold Broker outreach. We are also fortunate to have our legislative interests in such capable hands with the Legislative Committee and our advocates Mike Arnold and Mike Belote, who work so diligently on our behalf.

Considering the amazing job Joff rey Long did helming the Education Committee for so many years, what could have been an extremely diffi cult and rocky leadership

transition was smoothly taken on by the equally capable and hard-working Lori Randich.

There are so many individuals who have contributed so much to the CMA this year, and though I cannot name each of you, I would like to acknowledge the committee chairs, the board members and all of the volunteers for their commitment to our organization’s growth and continued excellence. I would also like to extend a special thanks to CMA’s legal counsel, Phil Adleson and our securities counsel, Brad

Rogerson, as well as the diligent staff with CAMS that took care of us this year—especially Teresa Excinia.

Lastly, I am grateful to our immediate past President Odell Murry for extending his invaluable assistance throughout the year—and for his excellent leadership of the Nominating Committee.

As the CMA moves forward under incoming President, Mark Forbes, I wish him the best and I will be there to assist in any way I can.

Save the Dates: CMA Summer ‘16 Seminar CMA Fall ‘16 Seminar July 28-29, 2016 October 27-28, 2016 Hilton San Diego Resort & Spa, San Diego, CA ARIA Resort & Casino, Las Vegas, NV CMA Winter ‘17 Seminar CMA Spring ‘17 Seminar January 19-20, 2017 April 6-7, 2017 Hilton Costa Mesa, Costa Mesa, CA Westin St. Francis, San Francisco, CA

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Points of Interest Summer 2016 Page 3

t occurred to me that many of our members don’t know who’s running the show. Yes, we do have very capable

management from CAMS. They do much of the heavy lifting but we are, for the most part, a volunteer organization. I think that you should know who the committee chairs are and what they do for you. We have 19 committees, each charged with a diff erent function. Here are all the committees and committee chairs. Remember that for each chair there could be 1, 2 or several other committee members working very hard for you, our members.

EXECUTIVE COMMITTEEStephen Pollack: The E xecutive Committee consults with the President on important matters aff ecting the entire organization.

AMICUS COMMITTEENoah Furie: The Amicus Committee charts and reads all appellate level lawsuits involving issues aff ecting our business. Then, in discussions with CMA general counsel Phil Adleson, determines if the issues presented warrant an Amicus or

“Friend of the Court” letter expressing our point of view.

LEGISLATIVE COMMITTEE: George Eckert: Along with our legislative advocates, Mike Arnold and Mike Belote, tracks all new legislation and determines CMA’s positions. It’s George and the Mikes that protect us from harmful legislation.

LOGISTICS COMMITTEE: Phil Ruble: Phil scouts out potential sites for our quarterly meetings and makes recommendations to the Board based on his analyses.

MARKETING/SOCIAL MEDIA/PUBLIC RELATIONS COMMITTEE: Steve Belleville: We all know about the benefi ts we get from the California Mortgage Association. Steve Belleville and his committee tells, virtually, the world through several of online media outlets. His quarterly videos provide a platform for launching our quarterly seminars. He produces the online “face” of the organization. I wish he could do something with mine!

MEMBERSHIP COMMITTEE: Steve Anderson & Mark Forbes Co-chairs: The life’s blood of any organization is new members. Steve and Mark solicit

DODD-FRANK COMMITTEEMichelle Rodriguez: Dodd-Frank started with 13,789 pages of rules – more than 15 million words – written by more than 10 agencies. And, according to Hamilton Place Strategies there is a new rule every 2.8 days. Michelle reads it, understands it and teaches us how to avoid noncompliance.

EDUCATION COMMITTEELori Randich: There is no better education than what we get quarterly from our Ed Committee. Taking over from Joffrey Long, Lori has continued to organize and present the excellent programs that is a cornerstone of CMA.

FINANCE COMMITTEE: Pam Sosa: Last year’s budget was $701,689 and Pam can account for every penny.

FOCUS GROUP RECRUITMENT COMMITTEE: Rich Temme: Our Focus Groups have been, since their inception, one of the most popular programs CMA has to off er.

FOCUS GROUP-POOL MANAGER’S COMMITTEE: Glenn Goldan: Glenn leads, perhaps the most important program for those members who have pools.

From the EditorBy Steve Leidner • Editor, Points of Interest

Committee Spotlight

continued on page 4

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Page 4 Summer 2016 Points of Interest

Editor’s Message – continued from page 3

new members, vets them, presents them to the Board for membership approval and, on top of that, they make the new members feel welcomed and appreciated.

MUNICIPAL DISTRESSED PROPERTY ORDINANCES: Michelle Rodriguez: Michelle, once again, goes to bat for us against city governments passing onerous ordinances that put an unfair burden on, (who else?) the mortgage lender/broker.

NOMINATING COMMITTEE: Odell Murry: Each year the president appoints the Chair of the Nominating Committee. The chair picks the members and the committee chooses qualified candidates to run for the Board of Directors and then makes recommendations for the officers for the next term.

PAC COMMITTEE: Richard Wachter: One of the most impor tant committees is the PAC Committee. The only strength we have against devastating legislation is our access to the legislators. The only access

we have to legislators is with the money Rich raises for the PAC. Make no mistake, we would probably be out of business without the PAC contributions. Give often and give BIG!

POINTS OF INTEREST/EPOINTS: Steve Leidner Editor & Josiah Pruder Associate Editor: Although Josiah and I gather the articles, credit should also go to John Berkowitz at CAMS who puts it all together and gives POI its professional look. Thank you John!

PUBLIC CONTENT REVIEW COMMITTEE: Steve Belleville: Steve, the ultimate perfectionist, organized this committee to backstop his Marketing/Social Media/Public Relations Committee. All the data provided by the Marketing/Social Media/Public Relations Committee is reviewed for content and errors before Steve puts it online.

SUMMER SEMINAR COMMITTEE: Pam Sosa: I don’t know how Pam does it, but every year Pam and her committee

puts together an interesting and enjoyable program. She came up with the Speed Networking Program which has become a perennial favorite.

TECHNOLOGY COMMITTEE: David Herzer: Wait until you see the new and vastly improved website for CMA. This is another of the most time consuming and difficult committees. Hats off to you David!

VENDOR/ADVERTISING COMMITTEE: Stephen Rexrode: Our vendors are some of our most important assets. They provide us with the goods and services we need to operate our businesses and they are a continuous source of income to the organization. Steve has developed programs that make them feel welcomed and appreciated.

These dedicated members put in hundreds of working hours to make your membership in CMA more valuable. At our next meeting, look for “Committee Chair” on the name tags. Shake that person's hand and thank them for all they do for all of us. See you all in San Diego.

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SACRAMENTO SUMMARYBy Michael J. Arnold & Michael Belote, Esq.

Legislative Advocates

Points of Interest Summer 2016 Page 5

We are in the middle of the second year of the 2015-2016 legislative session. The Legislature has

been quite busy, considering over two thousand new bills introduced in 2016 and several hundred two year bills that were introduced in 2015. Your CMA legislative team is actively following 75 pieces of legislation and constantly reviewing amendments to 2000 other bills -- to make sure we do not miss new language which might create problems for the members of CMA!

On May 13, 2016 Governor Jerry Brown released his “May Revision” of the 2016-2017 California State Budget. The Governor stated in his press conference that State revenues are below expectations by about $2billion. He urged the Legislature to avoid approving any new programs.

In January, when the Governor released his initial budget proposal, he stated that

“this budget is in good shape” relative to budgets of the past. The budget proposed increased spending in education, health care, and state infrastructure, while bolstering the state’s Rainy Day Fund and paying down state debts. Governor Brown urged citizens and the legislature to remember that everything that goes up eventually comes down. He said that he supports one time spending and infrastructure repairs, but warned that permanent spending and new ongoing spending together with a recession will cause a severe deficit.

CMA’s legislative advocates will be busy this summer with dozens of remaining bills that will pass out of their house of origin and will be further considered in the second house. The following key bills are of special interest:

AB 268 (Dababneh) California Finance Lenders: Violations. Would require the Commissioner of Business Oversight to examine at least every 48 months the affairs of every person engage in business as a finance lender or broker for compliance under that law, and would authorize the commissioner to examine those persons as often as the commissioner deems necessary and appropriate for those purposes.

AB 1974 (Gallagher) County Recorder: Recordation of Documents.Current law requires the county recorder, upon payment of proper fees and taxes, to record any instrument, paper, or notice that is authorized or required to be recorded, provided that the instrument, paper, or notice meets certain standards. This bill would require the documents described above that are rerecorded to be executed and acknowledged or verified as new documents, unless otherwise provided, and to contain a notion on the face specifying the reason for the rerecording.

AB 2143 (Irwin) County Recorder: Electronic Recording. The bill would authorize a county recorder to also enter into a contract with an authorized submitter for the delivery for recording, and return to the party requesting recording, or a digital or digitized electronic record that is an instrument to be recorded consistent with a specified provision.

AB 2693 (Dababneh) PACE Bonds: PACE Loan Disclosures, Subordination, and Priority. Current law defines “property assessed clean energy bond,” commonly known as a

PACE bond, to mean a bond that is secured by a voluntary contractual assessment or by certain special taxes on property. Current law grants super priority for PACE bonds. This bill currently proposes among other things to require financial disclosures be made to the prospective borrower. Further amendments to the bill are expected. CMA is a co-sponsor of AB 2693.

SB 907 (Galgiani) Personal Income Taxes: Mortgage Debt Forgiveness. Conforms to federal law regarding mortgage debt forgiveness, extending protection to debt that is discharged before January 1, 2017.

SB 983 (Morrell) Mortgages and deeds of trust. Provides for a modest increase in trustees fees for nonjudicial foreclosures.

SB 1150 (Leno) Mortgages and deeds of trust: successors in interest. Would prohibit a mortgage servicer or lender, as defined, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer or lender does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, which is someone claiming to be a successor in interest, that is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. Basically, this bill would extend the provisions of the Home Owner Bill of Rights Act (HOBR) to the successor in interest, but is not limited only to delinquency and foreclosure. CMA and the rest of the lending industry oppose this bill.

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Points of Interest Summer 2016 Page 7Points of Interest Summer 2016 Page 7Points of Interest Summer 2016 Page 7

WEB BROWSINGWe spend a good chunk of our day browsing the Internet. It is therefore a good idea to follow some simple guidelines.

1. SSL SitesWhen visiting sites, make sure the site is protected by an SSL certifi cate. SSL certifi cates provide an encrypted, secure tunnel of communication between your browser and the site you are visiting. It also serves to authenticate the owner of the site.

Depending on your browser, sites using SSL are identifi ed by the letters “HTTPS” at the beginning of their URL as well as a “lock” symbol near the URL. If you can avoid sites not using SSL, do so.

2. PasswordsYou have heard this many times before. Do not use the same password across

CYBER SECURITY Top 10 Things to Help Protect Yourself in this

Connected World

continued on page 8

byCarlos NodarseApplied Business Software, Inc.

We live in a world that revolves around and depends on the Internet. Our personal and professional lives depend on it. I wrote this article on a computer and delivered it to the editor electronically. Odds are you are reading it on some sort of electronic device connected to the Internet. Can you imagine how

diffi cult it would have been to make this all happen without our connected world? Extremely ineffi cient. But, as wonderful as this all is, it comes with a price. By being “connected,” you expose yourself to individuals looking for opportunities to take advantage of you. Disconnecting yourself and your business from the rest of the world is not an option. So what is one to do? Turns out there are quite a few things you can do.

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Cyber Security – continued from page 7

different sites. Criminals know this and take advantage of it. You would be surprised how easy it is for cyber criminals to obtain your password. The best passwords are very long and consist of upper and lowercase letters, numbers and symbols. But who can remember all those complicated passwords? Instead, use password vault services like LastPass1. These services create very long, complex passwords for each of your sites, encrypts them for you and stores them in your password vault. You only need to remember one highly secure password and LastPass will handle the rest.

3. Be Careful What You DownloadD o not dow nl o ad and ins t a l l applications from sites that are not 100% trustworthy. Installing applications on your computer is the number one way to get infected with malware. If you are not 100% sure, stop and do not install. It is better to err on the side of caution here. Some malware can be downright nasty.

4. Multi-Factor Authentication Multi factor authentication is a method used to identify you and grant you access to websites, such as a banking site. Although not 100% secure, multi factor authentication is more secure than single factor. One popular form of MFA involves your mobile device. The site requires you to type in a password as one form, and then requires you to type in a code that is delivered to your mobile device as a second form of authentication. Now the criminal would need more than just your password to access your account. Much more secure although certainly a bit inconvenient.

E-MAILElectronic mail. Imagine our world without it. Our productivity levels would plummet. Every day, billions of e-mails are sent around the world. It is an extremely efficient and inexpensive method of communicating. Unfortunately, this huge volume of e-mails is a perfect opportunity for cyber criminals to strike. Three popular

methods of security compromise are attachments, fake links and phishing scams.

1. AttachmentsMalware is often spread by means of attachments to e-mails. The safest thing is to never open an attachment. If you must, I would only do it from a known source (known sources are not always evident; viruses spread by sending e-mails from the infected person’s computer to recipients in their contact list). Having good anti-malware software and high security settings in your mail client also is helpful.

2. Fake linksAnother common trick is to include links in the e-mail body that seem to point to a known, trusted location but actually take you to a different, malicious site. Do not ever click on these links. There are a couple things you can do here:

a. Most mail clients will allow you to hover over the link to see the true destination. If the URL is to a different site, don’t click on it. Another common giveaway is the URL will point to a foreign country. Don’t click on it if you want to play it safe.

b. The other thing to do is to view the e-mail source. This process can seem a bit cryptic since you will be looking at HTML tags in the case of an HTML formatted e-mail but it allows you to “look under the hood” of the e-mail to see the truth.

3. Phishing E-mails. Phishing e-mails are typically fake e-mails that appear to come from legitimate sources (e.g., your bank, a service provider). These e-mails usually try to direct you to a spoofed website where it attempts to obtain private information such as passwords, credit card info. Some common giveaways to phishing e-mails are:

a. Poor grammar and misspellings. If you see this, delete it.

b. Fake links. These e-mails tend to contain fake links as I described in #2 above. Follow my suggestions.

c. The domain of the e-mail may look legitimate but it is not. For example, you may get an e-mail from what seems to be Chase Bank using the e-mail address [email protected]. A little bit of research will show you that the domain name is fraudulent.

FIREWALLSFirewalls come in two flavors, software based firewalls and hardware based firewalls. Firewalls are an essential part of your arsenal against cyber criminals. Think of a firewall as the “Gate Keeper” to your computer infrastructure. It is designed as the first point of contact between the Internet and your computer systems. It decides what type of traffic to allow into your network and what kind of traffic to block from entering.

It is critical that firewalls be properly configured. Doing so is a bit of an art. Hire the right IT company to do the work. Well worth the money.

VIRTUAL PRIVATE NETWORKS (VPNS)Do you have a branch office or employees that work from home? If so, you may want to invest in VPNs. A VPN establishes a secure connection from one location to another over an unsecure line, such as the Internet. Think of it as having a secure, encrypted “communication” channel between your office and a remote location. Others can see the data being sent back and forth but they can’t understand it. The data is encrypted and private. Like firewalls, VPNs are also available in hardware and software form. Both have advantages and disadvantages. Talk to your IT professional for guidance.

ANTI-VIRUS/ANTI-MALWARE SOFTWAREAV/AM software works by constantly scanning computer files and memory for

continued on page 9

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Points of Interest Summer 2016 Page 9

patterns or “signatures” of known viruses/malware. The files identified as viruses are then quarantined and eventually deleted. There are many different types of AV software. Every IT person I know has their own favorite. Some are free and others are not. AV/AM software is another tool you can use to protect yourself but be aware that it is not 100% protection. You see, AV/AM software vendors are always playing “catchup” to new threats. Microsoft2 Windows 8 included Microsoft’s own malware protection software called Defender. It continues to be included in Windows 10. It is free and I recommend you use it. Keep it current and run a scan on a regular basis.

RANSOMWAREThis one is nasty. Ransomware is a form of malware that disables use of your computer or access to files. One flavor of ransomware locks you out of your PC. You can’t log in until you pay the ransom. The other common form of ransomware encrypts files on your system. I have seen the later first hand and it can be completely disabling.

The malware finds files on your system and encrypts it so that you no longer are able to access them. These files can be Word documents, Excel spreadsheets, accounting data, or databases. The cyber criminals claim to hold the key to decrypt your data if you pay them. A few years ago a hospital was victim to ransomware and reportedly paid the ransom to get back their data.

How do you get infected? The same as any other malware. It could be an attachment to an e-mail that you open, or an application you installed on your computer from a malicious website. Once infected, the process begins the encryption process and leaves you helpless.

What do you do if you are the victim of ransomware? Well, you have two options. One, you pay the ransom. Problem here is that you have no guarantee that you will get the decryption key once you pay. Your second option is to not pay the ransom and instead restore your data from a non-infected backup. Which is a great segue to my next topic.

BACKUP, BACKUP, BACKUP! One of the most important steps you can take to protect yourself from cyber-crime is to implement and maintain a strong backup procedure including good retention policies. Good backups will save you if you fall victim to ransomware. A good backup procedure must include onsite and offsite (aka “cloud”) backups.

1. Onsite BackupThis form of backup often involves backing up to magnetic media such as tape. Other forms involve backing up to hard disks in a network attached storage devices (NAS).

2. Offsite/Cloud BackupAdditionally, to your onsite backup, you should implement a method of backing up to an offsite location. There are several vendors that provide cloud backup. We have been customers of Barracuda Network’s backup devices for over a decade now. Their device

Cyber Security – continued from page 8

continued on page 10

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resides at our office onto which the local backups take place and then are offloaded to Barracuda’s cloud during non-office hours. Highly recommended.

STOP USING WINDOWS XPOn April 2014, Microsof t stopped supporting Windows XP. Windows XP was a great operating system but is very old and very dangerous to use. Microsoft no longer releases security updates for XP, leaving you dangerously vulnerable to numerous cyber-attacks. From Microsoft’s website:

What happens if I continue to use Windows XP?

If you continue to use Windows XP now that support has ended, your computer will still work but it might become more vulnerable to security risks and viruses.  Internet  Explorer  8 is also no longer supported, so if your Windows XP PC is connected to the Internet and you use Internet Explorer 8 to surf the web, you might be exposing your PC to additional threats. Also, as more software and hardware manufacturers continue to optimize for more recent versions of Windows, you can expect to encounter more apps and devices that do not work with Windows XP.

What should you do? Odds are a computer running Windows XP is very old. Recycle it and buy a new one running Windows 10.

STOP USING QUICKTIME FOR WINDOWSChances are your computer has QuickTime installed. QuickTime is software used to play certain video formats. Apple, developers of QuickTime, stopped support for the product. This along with recent security flaws exposing your computer to remote code execution makes running QuickTime very dangerous. Unless you have essential software that requires QuickTime, uninstall it immediately.

Refer to the Department of Homeland Security website for more information: www.us-cert.gov/ncas/alerts/TA16-105A.

BUILT-IN SECURITY FEATURES OF THE MORTGAGE OFFICE (“TMO”)Many CMA members use our software on a daily basis to originate and service loans and mortgage pools. TMO provides several security features that will protect you and your data.

1. User and Group SecurityThese security features are essential to limiting your liability and protect your data from fraudulent access.

a. Set up groups. A user who is a member of one or more groups, inherits the aggregate rights of each group, in addition to his own. Security groups also simplify the process of managing security and user rights across the entire organization. Use the Access tab to grant/revoke access to different parts/functions of TMO:

b. Set up a user for each employee that will use TMO. Assign the users to the groups created above.

c. Password restrictions. I have already expressed the importance of complex passwords as a requirement to protect your data. Use the Password tab to configure these password requirements. I strongly recommend that use as many of these as you are comfortable with.

d. Set up at least one user as a “supervisor.” Only supervisors are allowed to perform certain functions in TMO such as making changes to the User/Group Security.

2. Positive PayTMO contains a fraud protection feature called “Positive Pay.” Positive Pay is a feature that generates a file containing a list of checks (check date, amount, check number, payee, etc.) that is then provided to your bank electronically. Your bank will only accept the checks included in the file. This feature eliminates potential check fraud.

My last bit of advice is one that you can apply to all aspects of your cyber life. Use some common sense. It will go a long way. In this connected world, if something you receive looks too good to be safe, stay away from it.

ENDNOTES

1 LogMeIn, Inc. dba LastPass

2 Microsoft and Windows are registered trademarks of Microsoft Corporation.

Cyber Security – continued from page 9

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Points of Interest Summer 2016 Page 11

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uring this Summer Seminar in San Diego, I’d like to share a different experience in our cultural

journey together by focusing on a specific neighborhood in San Diego. For this reason, I highlight the neighborhood of Little Italy, a vibrant market of cultural and development growth.

The main drag of Little Italy is India Street, lined by the expected Italian-driven retail,

such as restaurants, pizzerias, and cafes. The charm of this neighborhood has less to do with the individual retailers but more to do with the sense that you are part of a community that brings both locals and tourists together in harmony. The intersecting streets of India Street have evolved into a mix of retail and residential that infuses this community experience. This convergence of retail and residential continues to emerge, as you will notice, with the major development projects that are in progress and those that are in the planning stage.

For a quintessential Little Italy dining experience, there are two restaurants that I would

recommend on the India Street corridor. First, Civic 1845 is a bustling and authentic

Italian representation of Southern Italian cuisine by two brothers from Cosenza, the Southern Region of Calabria. The other one is Bencotto on Fir Street between Kettner and India Street that features a variety of indulgent pasta dishes.

For a more modern experience of India Street, stroll on Kettner Boulevard where you will discover the hottest spot in Little Italy to eat, drink, and socialize – Kettner Exchange. Kettner Exchange features the only open-air rooftop lounge in this neighborhood. The food is Progressive American that brings culinary influences of the Baja Coast to the menu, as well as ingredients from local farmers, such as the famed Weiser Family Farms.

The treasure trove of food in Little Italy resides on Kettner Boulevard at Celebrity Chef Richard Blais’s restaurants, Juniper & Ivy and Crack Shack. With his two restaurants, you will experience high end dining and comfort food classics, respectively, and the locations are adjacent to each other to make a tandem eating experience in one evening possible. At Juniper & Ivy, Chef Blais takes local ingredients and creates innovative flavor nuances with Asian, Spanish and New American culinary influences with poetic execution. Pristine local seafood weave through the menu, such as sea urchin and yellowtail. The snap peas, stone crab toast, BBQ carrots, and halibut are just samples of a menu that will sate your desire for delicious and exquisite food and which places Juniper on the contemporary food map in San Diego rivaling my other favorites in San Diego – The Market in

Del Mar, Addison at Grand Del Mar, and Veladora in Rancho Santa Fe.

Lastly, I will pronounce the greatest comfort food in San Diego today – Crack Shack by Chefs Richard Blais and Jon Sloan. Adjacent to Juniper & Ivy, it encompasses almost an entire city block. The main building is covered in corrugated aluminum with a place to order your food from an army of young, eager Crack Shackers.

Chefs have elevated the chicken and the egg to the most respected level possible by locally sourcing free range Jidori chickens from Southern California and preparing chicken dishes that will make you submit in pleasure. First and foremost, the Fried Chicken puts all other versions to shame. Chefs fry their chicken in chicken fat so you have a truly consummate chicken flavor.

continued on page 13

Page 15: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

Points of Interest Summer 2016 Page 13

One of the prized parts of the chicken is the “Chicken Oyster,” a Chef’s choice for the most moist and flavorful. Crack Shack features this in its selection of “Other Cluck” options. For breakfast options, Crack Shack serves a Royale Sandwich taking a savory chicken sausage, fried egg, cheddar cheese and a sizeable English Muffin and imparting an unforgettable morning wake up call.

As many of you know, the one food item (other than the egg) that I crave the most is French Fries. Crack Shack’s Schmalz Fries, fried in chicken fat and seasoned perfectly, hold the unequaled place as the best French Fries that exist today. They live up to the restaurant’s namesake as “Crack.”

In speaking with one of Crack Shack’s employees, I discovered that Chefs are planning on opening other Crack Shacks along the coastal region of California. I will await with impassioned anticipation for its Los Angeles debut.

To finish the culinary tour of Little Italy, I would be remiss to leave out Café Gratitude, a Vegan driven restaurant. With the Engelhart family’s partnership with Chris Bonbright of Avison Young and his wife to expand its locations from Northern California to Southern California and beyond, we experience Vegan cuisine at its finest and most creative in expressing plant based recipes in the most sophisticated and delicious way. In addition, the owners have preserved a community spirit at their restaurants from the disposition of the staff to the philosophy of the food and its sustainably sourced origins.

In my continued discovery of the region, I’ve recognized the great potential of certain neighborhoods that are setting an inexorable precedent in the cultural landscape of San Diego. I am proud to proclaim that Little Italy holds a special place in San Diego’s renaissance.

Culturally yours, Elliot M. Shirwo, Bolour Associates, The Entrepeneur's Bridge Lender of Choice (www.bolourassociates.com). For more information on FOODWINEART, see www.elliotshirwofoodwineart.weebly.com.

Local POI – continued from page 12

Page 16: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

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Leading Industry Attorneys Answer Your Questions

Speed Networking Back By Popular Demand

HERO to ZERO? Are You Behind a Super Lien?

Up In Smoke: Financing A Cannabis Farm

Rate Your Lenders: Protect Them AND Your License

New Title Indemnity Clauses - You Need To Beware

Been Hacked? Not Yet? Protect Your Data & Your Company

Ready to Foreclose? Not So Hasty

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Page 17: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

General Information

LOCATION:

The CMA Summer Seminar will be held July 28 and 29, 2016 at the Hilton San Diego Resort & Spa, located at 1775 E. Mission Bay Drive, San Diego, CA 92109. For room reservations, call the hotel at (619) 276-4010 or (877) 313-6645. Use code “CMA716.” (Room rate is $229 per night Single /Double plus a $10 resort fee) through June 28, 2016 or until sold out.

SEMINAR FEES:

Full registration includes all seminar events, materials, cocktail/networking reception and Friday lunch.

Registrationreceived on or before July 14, 2016

Registrationreceived from July 15, 2016

to date of seminar

CMA Regular Member $370 $420

Additional Attendee Same Company $320 $370

Educational Member $370 $420

Non-Member $570 $620

REFUND POLICY:

Cancellations received in writing on or before July 14, 2016 will receive a credit toward a future seminar. Cancellations not received in writing by July 14, 2016 will not receive any credit or refund.

CMA DISCLAIMER STATEMENT:

Views, statements, information, and materials provided at CMA seminars do not necessarily refl ect the views of the California Mortgage Association, its Offi cers, Directors, or Members. When considering any document, opinion, publication, or other material obtained at or from CMA or from any CMA event, attendees and recipients of the information are advised to seek qualifi ed counsel as to the suitability of that material or information for their own business operation or use.

MISCELLANEOUS:

Please wear name badges to all functions. Tickets are required for various events. Please be courteous of others and place cell phones on silent mode. Program and speakers are subject to change without notice.

Thursday, July 28, 20167:30 am - 8:30 am Hot Breakfast in Exhibitor Area – Sponsored by IRA Services Trust Company

7:30 am - 5:00 pm Registration

10:00 am - 6:00 pm Exhibitor Fair Open

8:30 am - Speed Networking – Back by Popular Demand!10:00 am Randy Newman, Total Lenders Solutions and Pam Sosa, Standard Mortgage Financial Services, Inc Fast paced networking session – bring a HUGE stack of business cards. Everyone is always surprised

HOW MANY people they meet! How many times have you seen that same person and never met them? Be prepared to discuss what you offer and what you need. Find out who can help you with what. Maximize your exposure and your NET RETURN from the event!

10:00 am - 10:20 am Networking Break

10:20 am - HERO/PACE Assessments11:50 am Michelle Rodriguez, Woodland Hills Mortgage Corp. and Elizabeth Knight, PLM Lender Services, Inc. A new challenge Just when you thought it could not be any more diffi cult to navigate writing loans, here come

the HERO/PACE Assessments. These assessments are made unbeknownst to the Lender and take a super priority position. Learn about the risks HERO/PACE loans present, and ideas for decreasing the risk.

12:00 noon - 1:30 pm Luncheon and PAC Raffl es

1:30 pm - Private Investors: Sorting, Culling, and Protecting Them and You2:30 pm Dennis H. Doss, Esq. Doss Law and Alex Nackoul, Brownstone Mortgage The RE 870 Investor Questionnaire has given private investors (and some attorneys) a new weapon to shift

losses to you. Prepare for the eventual downturn in the market. This seminar will give you the tools to analyze a prospective investor’s suitability and assess your risks of doing business with them. We will explore methods of matching investor risk profi les to your products.

2:30 pm - 3:00 pm Networking/Refreshment Break – Sponsored by Ross Diversifi ed Insurance Services

3:00 pm - Medical Marijuana Loans: Up in Smoke or Sky High Profi ts?4:30 pm Dennis H. Doss, Esq. Doss Law, Michael E. Cindrich, Esq., Law Offi ces of Michael E. Cindrich, and Glenn Goldan, Reprop Financial Conventional lenders won’t touch medical marijuana growers, giving our industry the opportunity

to profi t by fi nancing this growing industry. In November, California voters will decide if this industry should expand to recreational use. If so, the need for private fi nancing will skyrocket. In this introductory course we will explore not only the legal issues with such fi nancing but also the underwriting considerations.

4:30 pm Seminar Concludes

Wi-Fi Sponsored by LendingHome

Name Badges Sponsored by Spiegel Accountancy Corp.

Media Sponsored by Scotsman Guide

Tote Bags Sponsored by The Mortgage Offi ce

Friday, July 29, 2016— Open to All Attendees —

7:30 am - 8:30 am Hot Breakfast – Sponsored by IRA Services Trust Company

7:30 am - 5:00 pm Seminar Registration

8:00 am - 10:00 am Exhibitor Set-Up

10:00 am - 6:00 pm Exhibitor Fair Open

Special Members-Only Focus Group Sessions:CMA Focus Group Sessions are open to CMA Members only.

8:30 am - Broker/Roundtable Question + Answer – Back by Popular Demand!10:00 am Stephen Leidner, President Lantern Financial Come and Get it! Get answers from the best legal minds in this or any other state and it’s all free! Once again,

CMA members can pick the legal brains of Phil Adleson, Dennis Doss, John Hosack, Patric Kelly, Ben Levinson, Marty Mc Guinn, Randy Newman, Michelle Rodriguez, Brad Rogerson and Julia Wei. Bring your questions and problems!

10:00 am - 10:15 am Networking Break

10:15 am - To Foreclose or Not to Foreclose; That is the Question11:30 am Elizabeth Knight, PLM Lender Services, Inc. and Randy Newman, Total Lender Solutions, Inc. Whether it is nobler in the mind to let it sit or sell it off. This seminar will address the reasons for starting a

foreclosure as well as the reasons for not starting a foreclosure. Topics to be addressed include the rules of the CFPB, Homeowner’s Bill of Rights (which may sometimes affect non-owner occupied loans), what a servicer or lender needs to do to prepare for foreclosure, senior lien foreclosing, non-payment of taxes and insurance, as well as the placement of a junior lien in violation of the loan documents. Come with your questions and be prepared for a lively discussion.

11:45 am - 6:00 pm Thursday and All Day Friday are Open to All Attendees.

11:45 am - Installation Luncheon1:15 pm Keynote Speaker: Wayne Bell, Commissioner of the California Bureau of Real Estate Installation of 2016 Directors and Offi cers

1:30 pm - Think Your Title Policy Protects Your Lender? Think Again3:00 pm Julia Wei, Esq., Law Offi ce of Peter N. Brewer Hidden Indemnity Claims – What else is buried in those title company documents? For those involved in

construction loans, the indemnity provision is a familiar tool used to deal with mechanic’s liens. However, they are cropping up in residential transactions. Join us for a discussion of express indemnity provisions, equitable indemnity claims, and what the broker’s duty is in those circumstances.

3:00 pm - 3:30 pm Networking/Refreshment Break – Sponsored by Total Lender Solutions, Inc.

3:30 pm - Hacking – Then New International Pastime5:00 pm Bob Spier, Mort+Care Loan Servicing Software, Rob Savoji, PFI Computers, Pam Sosa, Standard Mortgage Financial Services, Inc., and Carlos Nordase, Applied Business Software Been hacked ... yet? Prevention: How to close up those leaks that give hackers a way to obtain information

about your clients that YOU are responsible to safeguard. Mitigation: What to do if you fi nd that you have been hacked. Hackers are spending lots of time and money fi nding new and inventive ways to hack into your system, are you doing the same to protect it?

5:00 pm - 6:00 pm Cocktail and Networking Hour – Sponsored by SBS Trust Deed Network

“I ALWAYS

learn

invaluable

information

at the

conference.”

Attendee, CMA SeminarFebruary, 2016

2016 Summer Seminar— July 28-29, 2016 • San Diego, CA —

REGISTRATION FORM

3 easy ways to register!

1. Register online at www.californiamortgageassociation.com

2. Complete and fax this form3. Complete and mail this form

CALIFORNIA MORTGAGE ASSOCIATION2520 Venture Oaks Way, Suite 150

Sacramento, California 95833(916) 239-4080 • (916) 924-7323 Faxwww.californiamortgageassociation.com

Advanced registration is recommended. Call to confi rm space availability. Please check all applicable boxes.

Attendee Name: ______________________________ Attendee Name: ______________________________

Company: ______________________________________________________________________________

Address: ___________________________________ City/State/Zip: _______________________________

Phone: _________________ Fax:____________________ E-mail: _______________________________

Dietary Restrictions (please detail): ___________________________________________________________

PAYMENT OPTIONS

Check enclosed (payable to California Mortgage Association) Please charge my Visa MasterCard AmEx

Account Number: ______________________________________ Exp. Date: ___________ CID #: ________

Name on Card: __________________________________________________________________________

Billing Address: ______________________________ City/State/Zip: _______________________________

Signature: ______________________________________________________________________________

— CMA Members Only —Please note which Thursday morning

meeting(s) you will attend.

Attendee Name:____________________________________ Broker/Roundtable Question + Answer To Foreclose or Not to Foreclose; That is the Question

Attendee Name:____________________________________ Broker/Roundtable Question + Answer To Foreclose or Not to Foreclose; That is the Question

These sessions are open only to CMA Members.

EDUCATIONAL SEMINARFees are per person and include all functions unless indicated.

Registration received on or before July 14, 2016

Registration received from

July 15, 2016 to date of seminar

CMA Regular Member $370 $420

Additional Attendee Same Company $320 $370

Educational Member $370 $420

Non-Member $570 $620

Registration Total $______ $______

PAC Raffl e Tickets (voluntary; $20 or more) $______ $______

TOTAL ENCLOSED $______ $______

Support Our PACBuy

Raffl e Tickets!$20 buys 1 ticket $100 buys 6 tickets$200 buys 14 tickets (7 per $100)$300 buys 24 tickets (8 per $100)$400 buys 36 tickets (9 per $100)$500 buys 50 tickets (10 per $100)

Buy tickets when you register online, and get free tickets! Details online.

Page 18: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

General Information

LOCATION:

The CMA Summer Seminar will be held July 28 and 29, 2016 at the Hilton San Diego Resort & Spa, located at 1775 E. Mission Bay Drive, San Diego, CA 92109. For room reservations, call the hotel at (619) 276-4010 or (877) 313-6645. Use code “CMA716.” (Room rate is $229 per night Single /Double plus a $10 resort fee) through June 28, 2016 or until sold out.

SEMINAR FEES:

Full registration includes all seminar events, materials, cocktail/networking reception and Friday lunch.

Registrationreceived on or before July 14, 2016

Registrationreceived from July 15, 2016

to date of seminar

CMA Regular Member $370 $420

Additional Attendee Same Company $320 $370

Educational Member $370 $420

Non-Member $570 $620

REFUND POLICY:

Cancellations received in writing on or before July 14, 2016 will receive a credit toward a future seminar. Cancellations not received in writing by July 14, 2016 will not receive any credit or refund.

CMA DISCLAIMER STATEMENT:

Views, statements, information, and materials provided at CMA seminars do not necessarily refl ect the views of the California Mortgage Association, its Offi cers, Directors, or Members. When considering any document, opinion, publication, or other material obtained at or from CMA or from any CMA event, attendees and recipients of the information are advised to seek qualifi ed counsel as to the suitability of that material or information for their own business operation or use.

MISCELLANEOUS:

Please wear name badges to all functions. Tickets are required for various events. Please be courteous of others and place cell phones on silent mode. Program and speakers are subject to change without notice.

Thursday, July 28, 20167:30 am - 8:30 am Hot Breakfast in Exhibitor Area – Sponsored by IRA Services Trust Company

7:30 am - 5:00 pm Registration

10:00 am - 6:00 pm Exhibitor Fair Open

8:30 am - Speed Networking – Back by Popular Demand!10:00 am Randy Newman, Total Lenders Solutions and Pam Sosa, Standard Mortgage Financial Services, Inc Fast paced networking session – bring a HUGE stack of business cards. Everyone is always surprised

HOW MANY people they meet! How many times have you seen that same person and never met them? Be prepared to discuss what you offer and what you need. Find out who can help you with what. Maximize your exposure and your NET RETURN from the event!

10:00 am - 10:20 am Networking Break

10:20 am - HERO/PACE Assessments11:50 am Michelle Rodriguez, Woodland Hills Mortgage Corp. and Elizabeth Knight, PLM Lender Services, Inc. A new challenge Just when you thought it could not be any more diffi cult to navigate writing loans, here come

the HERO/PACE Assessments. These assessments are made unbeknownst to the Lender and take a super priority position. Learn about the risks HERO/PACE loans present, and ideas for decreasing the risk.

12:00 noon - 1:30 pm Luncheon and PAC Raffl es

1:30 pm - Private Investors: Sorting, Culling, and Protecting Them and You2:30 pm Dennis H. Doss, Esq. Doss Law and Alex Nackoul, Brownstone Mortgage The RE 870 Investor Questionnaire has given private investors (and some attorneys) a new weapon to shift

losses to you. Prepare for the eventual downturn in the market. This seminar will give you the tools to analyze a prospective investor’s suitability and assess your risks of doing business with them. We will explore methods of matching investor risk profi les to your products.

2:30 pm - 3:00 pm Networking/Refreshment Break – Sponsored by Ross Diversifi ed Insurance Services

3:00 pm - Medical Marijuana Loans: Up in Smoke or Sky High Profi ts?4:30 pm Dennis H. Doss, Esq. Doss Law, Michael E. Cindrich, Esq., Law Offi ces of Michael E. Cindrich, and Glenn Goldan, Reprop Financial Conventional lenders won’t touch medical marijuana growers, giving our industry the opportunity

to profi t by fi nancing this growing industry. In November, California voters will decide if this industry should expand to recreational use. If so, the need for private fi nancing will skyrocket. In this introductory course we will explore not only the legal issues with such fi nancing but also the underwriting considerations.

4:30 pm Seminar Concludes

Wi-Fi Sponsored by LendingHome

Name Badges Sponsored by Spiegel Accountancy Corp.

Media Sponsored by Scotsman Guide

Tote Bags Sponsored by The Mortgage Offi ce

Friday, July 29, 2016— Open to All Attendees —

7:30 am - 8:30 am Hot Breakfast – Sponsored by IRA Services Trust Company

7:30 am - 5:00 pm Seminar Registration

8:00 am - 10:00 am Exhibitor Set-Up

10:00 am - 6:00 pm Exhibitor Fair Open

Special Members-Only Focus Group Sessions:CMA Focus Group Sessions are open to CMA Members only.

8:30 am - Broker/Roundtable Question + Answer – Back by Popular Demand!10:00 am Stephen Leidner, President Lantern Financial Come and Get it! Get answers from the best legal minds in this or any other state and it’s all free! Once again,

CMA members can pick the legal brains of Phil Adleson, Dennis Doss, John Hosack, Patric Kelly, Ben Levinson, Marty Mc Guinn, Randy Newman, Michelle Rodriguez, Brad Rogerson and Julia Wei. Bring your questions and problems!

10:00 am - 10:15 am Networking Break

10:15 am - To Foreclose or Not to Foreclose; That is the Question11:30 am Elizabeth Knight, PLM Lender Services, Inc. and Randy Newman, Total Lender Solutions, Inc. Whether it is nobler in the mind to let it sit or sell it off. This seminar will address the reasons for starting a

foreclosure as well as the reasons for not starting a foreclosure. Topics to be addressed include the rules of the CFPB, Homeowner’s Bill of Rights (which may sometimes affect non-owner occupied loans), what a servicer or lender needs to do to prepare for foreclosure, senior lien foreclosing, non-payment of taxes and insurance, as well as the placement of a junior lien in violation of the loan documents. Come with your questions and be prepared for a lively discussion.

11:45 am - 6:00 pm Thursday and All Day Friday are Open to All Attendees.

11:45 am - Installation Luncheon1:15 pm Keynote Speaker: Wayne Bell, Commissioner of the California Bureau of Real Estate Installation of 2016 Directors and Offi cers

1:30 pm - Think Your Title Policy Protects Your Lender? Think Again3:00 pm Julia Wei, Esq., Law Offi ce of Peter N. Brewer Hidden Indemnity Claims – What else is buried in those title company documents? For those involved in

construction loans, the indemnity provision is a familiar tool used to deal with mechanic’s liens. However, they are cropping up in residential transactions. Join us for a discussion of express indemnity provisions, equitable indemnity claims, and what the broker’s duty is in those circumstances.

3:00 pm - 3:30 pm Networking/Refreshment Break – Sponsored by Total Lender Solutions, Inc.

3:30 pm - Hacking – Then New International Pastime5:00 pm Bob Spier, Mort+Care Loan Servicing Software, Rob Savoji, PFI Computers, Pam Sosa, Standard Mortgage Financial Services, Inc., and Carlos Nordase, Applied Business Software Been hacked ... yet? Prevention: How to close up those leaks that give hackers a way to obtain information

about your clients that YOU are responsible to safeguard. Mitigation: What to do if you fi nd that you have been hacked. Hackers are spending lots of time and money fi nding new and inventive ways to hack into your system, are you doing the same to protect it?

5:00 pm - 6:00 pm Cocktail and Networking Hour – Sponsored by SBS Trust Deed Network

“I ALWAYS

learn

invaluable

information

at the

conference.”

Attendee, CMA SeminarFebruary, 2016

2016 Summer Seminar— July 28-29, 2016 • San Diego, CA —

REGISTRATION FORM

3 easy ways to register!

1. Register online at www.californiamortgageassociation.com

2. Complete and fax this form3. Complete and mail this form

CALIFORNIA MORTGAGE ASSOCIATION2520 Venture Oaks Way, Suite 150

Sacramento, California 95833(916) 239-4080 • (916) 924-7323 Faxwww.californiamortgageassociation.com

Advanced registration is recommended. Call to confi rm space availability. Please check all applicable boxes.

Attendee Name: ______________________________ Attendee Name: ______________________________

Company: ______________________________________________________________________________

Address: ___________________________________ City/State/Zip: _______________________________

Phone: _________________ Fax:____________________ E-mail: _______________________________

Dietary Restrictions (please detail): ___________________________________________________________

PAYMENT OPTIONS

Check enclosed (payable to California Mortgage Association) Please charge my Visa MasterCard AmEx

Account Number: ______________________________________ Exp. Date: ___________ CID #: ________

Name on Card: __________________________________________________________________________

Billing Address: ______________________________ City/State/Zip: _______________________________

Signature: ______________________________________________________________________________

— CMA Members Only —Please note which Thursday morning

meeting(s) you will attend.

Attendee Name:____________________________________ Broker/Roundtable Question + Answer To Foreclose or Not to Foreclose; That is the Question

Attendee Name:____________________________________ Broker/Roundtable Question + Answer To Foreclose or Not to Foreclose; That is the Question

These sessions are open only to CMA Members.

EDUCATIONAL SEMINARFees are per person and include all functions unless indicated.

Registration received on or before July 14, 2016

Registration received from

July 15, 2016 to date of seminar

CMA Regular Member $370 $420

Additional Attendee Same Company $320 $370

Educational Member $370 $420

Non-Member $570 $620

Registration Total $______ $______

PAC Raffl e Tickets (voluntary; $20 or more) $______ $______

TOTAL ENCLOSED $______ $______

Support Our PACBuy

Raffl e Tickets!$20 buys 1 ticket $100 buys 6 tickets$200 buys 14 tickets (7 per $100)$300 buys 24 tickets (8 per $100)$400 buys 36 tickets (9 per $100)$500 buys 50 tickets (10 per $100)

Buy tickets when you register online, and get free tickets! Details online.

Page 19: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

General Information

LOCATION:

The CMA Summer Seminar will be held July 28 and 29, 2016 at the Hilton San Diego Resort & Spa, located at 1775 E. Mission Bay Drive, San Diego, CA 92109. For room reservations, call the hotel at (619) 276-4010 or (877) 313-6645. Use code “CMA716.” (Room rate is $229 per night Single /Double plus a $10 resort fee) through June 28, 2016 or until sold out.

SEMINAR FEES:

Full registration includes all seminar events, materials, cocktail/networking reception and Friday lunch.

Registrationreceived on or before July 14, 2016

Registrationreceived from July 15, 2016

to date of seminar

CMA Regular Member $370 $420

Additional Attendee Same Company $320 $370

Educational Member $370 $420

Non-Member $570 $620

REFUND POLICY:

Cancellations received in writing on or before July 14, 2016 will receive a credit toward a future seminar. Cancellations not received in writing by July 14, 2016 will not receive any credit or refund.

CMA DISCLAIMER STATEMENT:

Views, statements, information, and materials provided at CMA seminars do not necessarily refl ect the views of the California Mortgage Association, its Offi cers, Directors, or Members. When considering any document, opinion, publication, or other material obtained at or from CMA or from any CMA event, attendees and recipients of the information are advised to seek qualifi ed counsel as to the suitability of that material or information for their own business operation or use.

MISCELLANEOUS:

Please wear name badges to all functions. Tickets are required for various events. Please be courteous of others and place cell phones on silent mode. Program and speakers are subject to change without notice.

Thursday, July 28, 20167:30 am - 8:30 am Hot Breakfast in Exhibitor Area – Sponsored by IRA Services Trust Company

7:30 am - 5:00 pm Registration

10:00 am - 6:00 pm Exhibitor Fair Open

8:30 am - Speed Networking – Back by Popular Demand!10:00 am Randy Newman, Total Lenders Solutions and Pam Sosa, Standard Mortgage Financial Services, Inc Fast paced networking session – bring a HUGE stack of business cards. Everyone is always surprised

HOW MANY people they meet! How many times have you seen that same person and never met them? Be prepared to discuss what you offer and what you need. Find out who can help you with what. Maximize your exposure and your NET RETURN from the event!

10:00 am - 10:20 am Networking Break

10:20 am - HERO/PACE Assessments11:50 am Michelle Rodriguez, Woodland Hills Mortgage Corp. and Elizabeth Knight, PLM Lender Services, Inc. A new challenge Just when you thought it could not be any more diffi cult to navigate writing loans, here come

the HERO/PACE Assessments. These assessments are made unbeknownst to the Lender and take a super priority position. Learn about the risks HERO/PACE loans present, and ideas for decreasing the risk.

12:00 noon - 1:30 pm Luncheon and PAC Raffl es

1:30 pm - Private Investors: Sorting, Culling, and Protecting Them and You2:30 pm Dennis H. Doss, Esq. Doss Law and Alex Nackoul, Brownstone Mortgage The RE 870 Investor Questionnaire has given private investors (and some attorneys) a new weapon to shift

losses to you. Prepare for the eventual downturn in the market. This seminar will give you the tools to analyze a prospective investor’s suitability and assess your risks of doing business with them. We will explore methods of matching investor risk profi les to your products.

2:30 pm - 3:00 pm Networking/Refreshment Break – Sponsored by Ross Diversifi ed Insurance Services

3:00 pm - Medical Marijuana Loans: Up in Smoke or Sky High Profi ts?4:30 pm Dennis H. Doss, Esq. Doss Law, Michael E. Cindrich, Esq., Law Offi ces of Michael E. Cindrich, and Glenn Goldan, Reprop Financial Conventional lenders won’t touch medical marijuana growers, giving our industry the opportunity

to profi t by fi nancing this growing industry. In November, California voters will decide if this industry should expand to recreational use. If so, the need for private fi nancing will skyrocket. In this introductory course we will explore not only the legal issues with such fi nancing but also the underwriting considerations.

4:30 pm Seminar Concludes

Wi-Fi Sponsored by LendingHome

Name Badges Sponsored by Spiegel Accountancy Corp.

Media Sponsored by Scotsman Guide

Tote Bags Sponsored by The Mortgage Offi ce

Friday, July 29, 2016— Open to All Attendees —

7:30 am - 8:30 am Hot Breakfast – Sponsored by IRA Services Trust Company

7:30 am - 5:00 pm Seminar Registration

8:00 am - 10:00 am Exhibitor Set-Up

10:00 am - 6:00 pm Exhibitor Fair Open

Special Members-Only Focus Group Sessions:CMA Focus Group Sessions are open to CMA Members only.

8:30 am - Broker/Roundtable Question + Answer – Back by Popular Demand!10:00 am Stephen Leidner, President Lantern Financial Come and Get it! Get answers from the best legal minds in this or any other state and it’s all free! Once again,

CMA members can pick the legal brains of Phil Adleson, Dennis Doss, John Hosack, Patric Kelly, Ben Levinson, Marty Mc Guinn, Randy Newman, Michelle Rodriguez, Brad Rogerson and Julia Wei. Bring your questions and problems!

10:00 am - 10:15 am Networking Break

10:15 am - To Foreclose or Not to Foreclose; That is the Question11:30 am Elizabeth Knight, PLM Lender Services, Inc. and Randy Newman, Total Lender Solutions, Inc. Whether it is nobler in the mind to let it sit or sell it off. This seminar will address the reasons for starting a

foreclosure as well as the reasons for not starting a foreclosure. Topics to be addressed include the rules of the CFPB, Homeowner’s Bill of Rights (which may sometimes affect non-owner occupied loans), what a servicer or lender needs to do to prepare for foreclosure, senior lien foreclosing, non-payment of taxes and insurance, as well as the placement of a junior lien in violation of the loan documents. Come with your questions and be prepared for a lively discussion.

11:45 am - 6:00 pm Thursday and All Day Friday are Open to All Attendees.

11:45 am - Installation Luncheon1:15 pm Keynote Speaker: Wayne Bell, Commissioner of the California Bureau of Real Estate Installation of 2016 Directors and Offi cers

1:30 pm - Think Your Title Policy Protects Your Lender? Think Again3:00 pm Julia Wei, Esq., Law Offi ce of Peter N. Brewer Hidden Indemnity Claims – What else is buried in those title company documents? For those involved in

construction loans, the indemnity provision is a familiar tool used to deal with mechanic’s liens. However, they are cropping up in residential transactions. Join us for a discussion of express indemnity provisions, equitable indemnity claims, and what the broker’s duty is in those circumstances.

3:00 pm - 3:30 pm Networking/Refreshment Break – Sponsored by Total Lender Solutions, Inc.

3:30 pm - Hacking – Then New International Pastime5:00 pm Bob Spier, Mort+Care Loan Servicing Software, Rob Savoji, PFI Computers, Pam Sosa, Standard Mortgage Financial Services, Inc., and Carlos Nordase, Applied Business Software Been hacked ... yet? Prevention: How to close up those leaks that give hackers a way to obtain information

about your clients that YOU are responsible to safeguard. Mitigation: What to do if you fi nd that you have been hacked. Hackers are spending lots of time and money fi nding new and inventive ways to hack into your system, are you doing the same to protect it?

5:00 pm - 6:00 pm Cocktail and Networking Hour – Sponsored by SBS Trust Deed Network

“I ALWAYS

learn

invaluable

information

at the

conference.”

Attendee, CMA SeminarFebruary, 2016

2016 Summer Seminar— July 28-29, 2016 • San Diego, CA —

REGISTRATION FORM

3 easy ways to register!

1. Register online at www.californiamortgageassociation.com

2. Complete and fax this form3. Complete and mail this form

CALIFORNIA MORTGAGE ASSOCIATION2520 Venture Oaks Way, Suite 150

Sacramento, California 95833(916) 239-4080 • (916) 924-7323 Faxwww.californiamortgageassociation.com

Advanced registration is recommended. Call to confi rm space availability. Please check all applicable boxes.

Attendee Name: ______________________________ Attendee Name: ______________________________

Company: ______________________________________________________________________________

Address: ___________________________________ City/State/Zip: _______________________________

Phone: _________________ Fax:____________________ E-mail: _______________________________

Dietary Restrictions (please detail): ___________________________________________________________

PAYMENT OPTIONS

Check enclosed (payable to California Mortgage Association) Please charge my Visa MasterCard AmEx

Account Number: ______________________________________ Exp. Date: ___________ CID #: ________

Name on Card: __________________________________________________________________________

Billing Address: ______________________________ City/State/Zip: _______________________________

Signature: ______________________________________________________________________________

— CMA Members Only —Please note which Thursday morning

meeting(s) you will attend.

Attendee Name:____________________________________ Broker/Roundtable Question + Answer To Foreclose or Not to Foreclose; That is the Question

Attendee Name:____________________________________ Broker/Roundtable Question + Answer To Foreclose or Not to Foreclose; That is the Question

These sessions are open only to CMA Members.

EDUCATIONAL SEMINARFees are per person and include all functions unless indicated.

Registration received on or before July 14, 2016

Registration received from

July 15, 2016 to date of seminar

CMA Regular Member $370 $420

Additional Attendee Same Company $320 $370

Educational Member $370 $420

Non-Member $570 $620

Registration Total $______ $______

PAC Raffl e Tickets (voluntary; $20 or more) $______ $______

TOTAL ENCLOSED $______ $______

Support Our PACBuy

Raffl e Tickets!$20 buys 1 ticket $100 buys 6 tickets$200 buys 14 tickets (7 per $100)$300 buys 24 tickets (8 per $100)$400 buys 36 tickets (9 per $100)$500 buys 50 tickets (10 per $100)

Buy tickets when you register online, and get free tickets! Details online.

Page 20: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

Page 18 Summer 2016 Points of Interest

Pictures From the Spring Seminar – April 28-29 – San Francisco, CA

Page 21: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

Points of Interest Summer 2016 Page 19

Pictures From the Spring Seminar – April 28-29 – San Francisco, CA

CMA’s positive infl uence is crucial for our survival. Send your contribution today!

It’s easy to donate:Online at www.californiamortgageassociation.com

— or —Send the additional amount with your monthly CMA dues

— or —Write a check to “CMA PAC” and send it today to:

2520 Venture Oaks Way, Suite 150 • Sacramento, CA 95833

PROTECT YOUR INDUSTRY – CONTRIBUTE TODAY!For more information contact:

Richard Wachter, Chairperson, CMA PAC Fundraising Committee 1-800-308-4961

$ 1 0 0,0 0 0Goal

$59,132raised so far since

July 1, 2015

DON ATE TO THE CM A PAC TODAY !

Our PAC and our advocates in Sacramento always operate in full compliance with all laws and regulations relating to e� orts to in� uence the public policy process. We would never engage in any type of quid-pro-quo on public policy issues or entertain contributions in return for access. We support legislators who are philosophically aligned with the interests of our membership and who work to ensure a business environment which allows our members to � ourish.

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Page 20 Summer 2016 Points of Interest

Thank You to Our Spring Seminar Sponsors

— Thursday Evening Cocktail Hour —SBS Trust Deed Network

Name BadgesSpiegel Accountancy Corp.

— Tote Bags —The Mortgage Offi ce

— Wi-Fi Services for All Attendees—Bolour Associates and LendingHome

— Thursday and Friday BreakfastIRA Services and Total Lender Solutions

Page 23: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

Points of Interest Summer 2016 Page 21

Applied Business Software, Inc.2847 Gundry AvenueLong Beach, CA 90755

800.833.3343 – p / 562.426.5535 – fContact: Kelli Christensen

E-mail: [email protected]: www.themortgageoffi ce.com

Product/Service: Loan Servicing Software

Armanino LLP12657 Alcosta Boulevard, #500

San Ramon, CA 94583925.498.1915 – p / 925.790.2601 - f

Contact: Jason GilbertE-mail: [email protected]: www.armaninollp.com

Product/Service: Audit, Tax, Consulting and Business Management

Black Square Real Estate, Inc.515 South 400 East, 2nd Floor

Salt Lake City, UT 84111801-364.4375 – p

Contact: Steve AstinE-mail: [email protected]: www.blksq.com

Product/Service: Fix and Flip Lender

Bolour Associates8383 Wilshire Boulevard, Suite 920

Beverly Hills, CA 90211323.677.0550 – p / 323.677.0552 – f

Contact: Elliott ShirwoE-mail: [email protected]: www.bolourassociates.com

Product/Service: Private Lending

BuildZig1211 Embarcadero Way, Suite D

Oakland, CA 94606800.380.0180 – p / 866.703.5150 - f

Contact: John BohannonE-mail: [email protected]

Website: www.buildzig.comProduct/Service: Funds Control

Del Toro Loan ServicingP.O. Box 21000

Chula Vista, CA 91921619.474.5400 – p

Contact: Drew LouisE-mail: [email protected]

Website: www.deltoroloanservicing.comProduct/Service: Loan Servicing, Docs,

and Foreclosure

IRA Services Trust Company 1160 Industrial Road, Suite 1

San Carlos, CA 94070650.593.2221 – p / 650.591.2168 – f

Contact: Michael McNairE-mail: [email protected]

Website: www.iraservices.comProduct/Service: IRA Custodial Services

La Mesa Fund Control & Escrow, Inc.8419 La Mesa Boulevard, #C

La Mesa, CA 91942916.644.8500 – p / 619.668.4690 - f

Contact: Farley FontechaE-mail: [email protected]: www.lmfce.com

Product/Service: Fund Control & Escrow

LendingHome1 California Street, Floor 17

San Francisco, CA 94111650.799.7652 – p

Contact: Josh StechE-mail: [email protected]

Website: www.lendinghome.comProduct/Service: Investor Mortgages

Thank You to Our Spring Exhibitors

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Page 22 Summer 2016 Points of Interest

Liquid Logics20101 East Jackson Drive, Suite B

Independence, MO 64057816.295.6240 – p

Contact: Sam KaddahE-mail: [email protected]

Website: www.liquidlogics.comProduct/Service: Lending Software – FITECH

Mortgage Lender Services81 Blue Ravine Road, Suite 100

Folsom, CA 95630916.962.3453 – p

Contact: Lori BradfordE-mail: [email protected]

Website: www.mtglenderservices.comProduct/Service: Trustee and Foreclosures

Partners Capital Finance, Inc.11661 San Vicente Boulevard, Suite 609

Los Angeles, CA 90049310.447.8899 – p / 310.207.8100 – f

Contact: Bobby KhorshidiE-mail: [email protected]: www.partcap.com

Product/Service: Private Lender

Peak Corporate Network5900 Canoga Avenue, Suite 400

Woodland Hills, CA 91367818.591.3300 – p / 818.591.2990 – f

Contact: Donna KreislerE-mail: [email protected]: www.peakcorp.com

Product/Service: Loan Servicing and Foreclosure Services

PeerStreet300 Manhattan Beach

Manhattan Beach, CA 90266949.735.9200 – p

Contact: Jason HarrisE-mail: [email protected]: www.peerstreet.comProduct/Service: Marketplace

PLM Lender Services, Inc.46 North Second Street

Campbell, CA 95008408.370.4030 – p / 408.370.5484 – f

Contact: Kevin HubbardE-mail: [email protected]: www.plmweb.com

Product/Service: Loan Servicing, Foreclosure Services, and Loan Doc Drawing

Mortgage+Care Loan Servicing29222 Rancho Viejo Road, Suite 209

San Juan Capistrano, CA 92675800.481.2708 – p

Contact: Bob SpierE-mail: jeff @mortcare.com

Website: www.mortcare.comProduct/Service: Loan Servicing Software

Lone Oak Fund11611 San Vicente Boulevard, Suite 640

Los Angeles, CA 90049310.826.2888 – p

Contact: Alexa MizrahiE-mail: [email protected]: www.loneoakfund.com

Product/Service: Private Bridge Lender

Private Mortgage Fund, LLC23586 Calabasas Road, Suite 100

Calabasas, CA 91302881.702.2551 – p

Contact: Gordon Van DueckE-mail: [email protected]: www.pmfundllc.com

Product/Service: Hard Money Lender

Thank You to Our Spring Exhibitors

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Points of Interest Summer 2016 Page 23

Ross Diversifi ed Insurance Services2922 East Chapman Avenue, Suite 203

Orange, CA 92869714.633.7677 – p / 714.633.7788 – f

Contact: Mel BabtkisE-mail: [email protected]: www.rossdiv.com

Product/Service: Insurance Products

Spiegel Accountancy Corp.2300 Contra Costa Boulevard, Suite 425

Pleasant Hill, CA 94523925.977.4000 - p / 925.363.3370 - f

Contact: Margaret CruzE-mail: [email protected]

Website: www.spiegelcorp.comProduct/Service: Auditing and Accounting

Services

SBS Trust Deed Network31194 La Baya Drive, Suite 106

Westlake Village, CA 91362818.991.4600 – p / 818.874.9500 – f

Contact: Rory CambraE-mail: [email protected]

Website: www.sbstrustdeed.comProduct/Service: Foreclosure Services and REO

Thank You to Our Spring Exhibitors

Total Lender Solutions, Inc.6540 Lusk Boulevard, Suite C238

San Diego, CA 92121866.535.3736 – p / 858.630.5570 – f

Contact: Randy NewmanE-mail: [email protected]

Website: www.totallendersolutions.comProduct/Service: Foreclosure, Doc Prep,

and Loan Servicing

Did You Know ...?You can locate exhibitors and vendors who supply services to CMA Members.

Visit the CMA website at www.californiamortgageassociation.com

and click on the Vendor Directory. You can search by

city and type of service.

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Page 24 Summer 2016 Points of Interest

Pacifi c Capital Loans, LLCCalabasas

Sterling Pacifi c Lending, Inc.Watsonville

Sunset MortgageMission Viejo

The Helvetica GroupCarlsbad

Total Lender Solutions, Inc.San Diego

Trilion CapitalSan Diego

Unitrust Mortgage, Inc.San Diego

Woody Financial Realty Corp.Long Beach

Stonecrest FinancialSan Jose

$500 – $999

Abundance RealtyMilpitas

Adleson, Hess & Kelly, a P.C.Campbell

Allstar Financial Services, Inc.Woodland Hills

Del Toro Loan Servicing, Inc.Chula Vista

F.E. Forbes Company Inc.Berkeley

Hensel Financial, Inc.Carlsbad

Herzer Financial Services, Inc.Redwood City

Kirby & McGuinn, A P.C.San Diego

Lantern Financial Corp.Sherman Oaks

LBC Capital Income FundNorth Hollywood

MAI Financial Services, Inc.Toluca Lake

MOR FinancialLos Angeles

National Equity Funding, Inc.Irvine

Olympia Mortgage & Investment Co., Inc.

Grass Valley

Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!$2,000 – $6,800

Anchor Loans, Inc.Calabasas

Equity Funding Resource, Inc.

Sherman Oaks

Fidelity Mortgage Lenders, Inc.Los Angeles

Wachter Investments, Inc.Burlingame

$1,000 – $1,999

Budget Mortgage Corp.Los Angeles

Creative Realty Marketing & MortgageBakersfi eld

FCI Lender Services, Inc.Anaheim Hills

Mortgage Securities Inc.Encinitas

PLM Lender Services, Inc.Campbell

Redwood Mortgage Corp.San Mateo

Ross Diversifi ed Insurance Services, Inc.

Orange

Standard Mortgage Financial Services Inc.

Riverside

$1,000 – $1,999 continued $500 – $999 continued

$200 – $499

A.S.K. Investments, Inc.Stanton

A-1 Loans & InvestmentsSanta Rosa

Applied Business SoftwareLong Beach

BaySierra Financial, Inc.Santa Rosa

Blackburne & Sons Realty Capital Corporation

Sacramento

California Home LoansSan Jose

Clear Level Funding, Inc.Rancho Cucamonga

Crawford Investment CompanySan Bernardino

Cushman Rexrode Capital CorporationOakland

continued on page 25

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Points of Interest Summer 2016 Page 25

Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC 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You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!Thank You 2015-16 PAC Contributors!David A. Duner, CPA

Irvine

Diamond PotransDiamond Bar

FJM Capital, Inc.San Rafael

Geraci Law FirmIrvine

Harmon Financial CorporationModesto

JMJ Financial GroupGarden Grove

Law Offi ce of Benjamin R. Levinson, APC

Campbell

Law Offi ce of Peter N. BrewerPalo Alto

MCapital Funding, LLCNovato

McCormick & CoSanta Rosa

Mid Valley Services, Inc.Fresno

Mortgage Vintage, Inc.Newport Beach

Mortgage+Care LOAN SERVICING SOFT

San Juan Capistrano

Note Servicing CenterChowchilla

Pivotal Capital Group II, LLCLadera Ranch

Private Financial, Inc.Sherman Oaks

ReProp FinancialEureka

Residential First MortgageIrvine

Roebuck & CompanyAlameda

$200 – $499 continued

continued on page 26

Salas FinancialSan Diego

SDC Capital FundingTarzana

Selzer Home LoansUkiah

SFR Ventures, IncWalnut Creek

Socotra CapitalSacramento

Sonoma Equity Lending, Inc.Petaluma

Sun Pacifi c MortgageSanta Rosa

The Argus GroupWoodland Hills

Val-Chris Investments, Inc.Irvine

Windvest CorporationSan Diego

Woodland Hills Mortgage CorpWoodland Hills

$200 – $499 continuedCal Comm Capital, Inc.

Irvine

Cal-Pac Capital AdvisorsNewport Beach

Capital Benefi t, Inc.Newport Beach

Cascade Capital ServicesBuellton

Century City MortgageLos Angeles

Church Capital CorporationSan Leando

Cirius CapitalSan Jose

Civic Financial ServicesRedondo Beach

Datacom Investment Co.Trabuco Canyon

DFI Funding, Inc.Emeryville

Doss LawSilverado

Dryden Capital Inc.Novato

E.F. Foley & Co., Inc.San Jose

Equity 1-LoansBakersfi eld

Equity Bridge CapitalSan Francisco

Equity Wave LendingIrvine

Gasbarro Investments, Inc.Calabasas

Hamilton Ridge Asset ManagementSan Jose

Hanson Bridgett LLPSan Francisco

HJS Properties and InvestmentsBurlingame

Investors Capital CorporationLake Balboa

IRA Services Trust CompanySan Carlos

La Mesa Fund ControlLa Mesa

Lone Oak Fund, LLCLos Angeles

$20 – $199 continued

$20 – $199

Action Funding, Inc.Calabasas

Agricultural FinanceHayward

AIC Capital Corp.Glendale

All California FundingStudio City

Alliance PortfolioAliso Viejo

Armanino McKenna, LLPSan Ramon

Asset AvenueLos Angeles

Best AllianceVan Nuys

Bolour AssociatesBeverly Hills

Buchalter Nemer, A Professional Law Corporation

Los Angeles

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Page 26 Summer 2016 Points of Interest

Louie LoansSan Diego

Mayfi eld MortgagePalo Alto

Milestone FinancialLos Altos

Mortgage Lender Services, Inc.Folsom

N A Nationwide MortgageMission Viejo

Nehemiah Community Capital, Inc.Sacramento

NP Funding LLCSan Jose

Orange Coast Title CompanyAnaheim

Pacifi c Loanworks, Inc.Covina

Pacifi c Private MoneyNovato

Pacifi c West Mortgage Fund, LLCTorrance

Park West Financial, Inc.Los Angeles

Parkview FinancialLos Angeles

PeerStreetManhattan Beach

Pelorus Equity GroupLaguna Hills

PMB Capital, Inc.Calabasas

Private Capital InvestmentsAlamo

Private Funding Solutions, Inc.Pleasanton

PrivateLenderLink.comSan Francisco

Private Mortgage Fund, LLCCalabasas

R.C. Temme CorpWoodland Hills

Real Estate Lending Group, Inc.San Jose

Realty Capital Lending GroupDowney

Redwood Trust Deed Services, Inc.Santa Rosa

Rodeo Capital, Inc.Los Angeles

S.B.S. Trust Deed NetworkWestlake Village

Sandstone Properties, Inc.Los Angeles

PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:PAC Announcements:THURSDAY WINNERS:

• Apple TV: Joshua Fischer

• Roku 4: Will Stuart

FRIDAY WINNERS:

• Apple TV: Charlene Salas

• Roku 4: Joe Lima

• iPad Pro: Stephen Pollack

$20 – $199 continuedSeattle Funding Group of California

San Diego

Security Financial ServicesSan Francisco

Sky LendingBakersfi eld

Spiegel Accountancy Corp.Pleasant Hill

The Money BrokersSacramento

The Nikols CompanyNewport Beach

The Norris GroupRiverside

The Three WisemenEl Segundo

Trust Deed CapitalMission Viejo

V.I.P. Trust Deed CompanyMontrose

Watsonville MortgageWatsonville

Wilshire Finance Partners, Inc.Mission Viejo

Womble GroupSeal Beach

Wright, Finlay & Zak, LLPNewport Beach

Z Loan & Investment, Inc.South Lake Tahoe

$20 – $199 continued

PLEASE SEND PAC

CONTRIBUTIONS TO ...

CMA PAC2520 Venture Oaks Way, Suite 150

Sacramento, CA 95833

— 916-239-4080 —

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Points of Interest Summer 2016 Page 27

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Page 28 Summer 2016 Points of Interest

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Points of Interest Summer 2016 Page 29

continued on page 30

s the subject property conforming, legal nonconforming, or i l legal nonconforming? As a lender it is

absolutely necessary to determine the property’s conforming status.

CONFORMING USEA conforming use is one where the subject property is in compliance with local zoning laws and the use of the property is legally permitted. Conformity is a byproduct of zoning laws and municipal ordinances which may change over a period of time.

LEGAL NONCONFORMING“A legal nonconforming use is a use of lands or structure which was legally established according to the applicable zoning and municipal building laws at the time, but which does not meet current zoning and building regulations. A use or structure can become legal nonconforming due to rezoning, annexation, or revisions to the Zoning Code.”1 As long as a nonconforming property’s use status does not change, its legal nonconforming designation may be protected by municipality or regulatory agency. A legal nonconforming designation usually requires the property to be in continuous use. If it is vacant for a period of time, its legal nonconforming status may be lost. In some communities

special or conditional use permits, variances, or site development permits may be obtained to extend or even modify legal nonconforming use.

Communities vary in the way they treat legal nonconforming properties which are destroyed. Most will allow the rebuilding of the property to its prior condition only if 50% or less of the structure is destroyed. If, however, the entire structure is destroyed, most often the owner would be required to rebuild to current zoning standards. A lender in such a case may experience a serious loss in collateral value but may be able to mitigate such a risk by obtaining the correct property and casualty insurance coverage. Endorsements to hazard policies may be available that would allow insurance proceeds to be used to build a diff erent structure as a result of changes to building laws and ordinances. For example, a retail strip center situated on a small lot may not have enough parking spaces to comply with current zoning requirements. If zoning changes regarding parking requirements have increased from requiring three spaces per thousand square feet of building to four spaces per thousand, the owner may be required to reconfi gure the retail center’s footprint. The owner should seek knowledgeable

insurance counsel to obtain this special protection. The lender should verify the type of coverage and require that they be named as mortgagee and loss payee as well as an additional insured.

ILLEGAL NONCONFORMINGLenders are most at risk with a property which is nonconforming and has been illegally modifi ed or is operating without proper conditional use permits. For economic reasons, owners may elect to illegally modify a property to a use that falls outside current zoning standards or the use permit framework. For example, a 4 unit building of 2 bedroom/2 baths units is converted into an 8 unit building of 1 bedroom/1 bath units. If done covertly, without approvals or permits, it becomes illegal – nonconforming. This process is sometimes called bootlegging.

This example of bootlegging may be perceived as subjecting the surrounding community to unnecessary burdens. Negative impacts could include traffic, ingress and egress, inadequate parking, more transient occupancy, and a lack of approved (and possibly dangerous) elec trical , plumbing and general construction.

byDan Harkey

CalComm Capital, Inc.

Conforming vs. NonconformingMaking Your Property Lending Decisions

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Page 30 Summer 2016 Points of Interest

Conforming – continued from page 29

CONDITIONAL USE PERMITSThe issuance of a conditional use permit must be in adherence to, and consistent with, the hierarchy of land use laws. The use permit is a result of zoning laws which must comply with an adopted general plan which in turn must comply with state laws. “A Conditional Use Permit (CUP) allows a city or county to consider special uses which may be essential or desirable to a particular community, but which are not allowed as a matter of right within a zoning district, through a public hearing process. A conditional use permit can provide flexibility within a zoning ordinance. Another traditional purpose of the conditional use permit is to enable a municipality to control certain uses which could have detrimental effects on the community.’’2

A CUP is generally required for certain land uses which are an exception to a community’s general plan. Land suitability, environmental impacts, project design, traffic and noise impact, and availability of public services are some of the conditions which may call for a CUP. Mobile Home Parks, “granny” units and second dwellings on single family lots are typical cases where a CUP might be required. Conditional use permits run with the land, not the applicant, and may be passed on to future owners of the property, however, they may also be revoked for a number of reasons. Relying on a CUP as the major factor in a credit decision could result in reduction of value should the permit be revoked.

VARIANCESThe intent of zoning variances is to provide a form of equitable relief when the owner or representative of a property can demonstrate that the variance would not conflict with the public interest and that undue hardship or loss of financial return would occur should the variance not be granted. Building code variances may include exceptions to height restrictions, setbacks, or moving demising walls, etc. As with the conditional use permit, an applicant for a variance must submit a set of plans and a statement of purpose to the proper municipal authorities. Once

granted, the variance runs with the land, may be transferred, and is not subject to revocation.

STATE LICENSINGSome properties, such as a senior care facility in an R1 single family, zoned neighborhood, may require both a state license for the operator and a use permit by the municipality in order to run the facility. The state licensing of the operator may be required for special training and competency. If the property is sold or a lender is underwriting the property in order to make a loan there will be four concerns of, property conformity; permitting; licensing of the operator; and the impact on a going concern. It may be problematic when doing a cap rate analysis if there is a deviation that makes a property significantly different from other comparable properties. The assumption of an increased value may be fraudulent or false at best.

CONCLUSIONAs a lender, or agent of the lender, it is absolutely necessary to determine which of these classif ications the subjec t prop er t y falls under. Each lender w i l l h ave a d i f f e r e nt standard of tolerance and/or requirements for legal nonconforming properties, b ut wo uld m os t l ike l y not want to be in a position of loaning on a bootlegged property. While an appraisal might pick up this fact, it should not be depended upon nor should the representations of the realtor who might be involved in the transaction be depended upon. Lenders can be sued by a multitude of parties for failing to identify the true legal conformity of the property. Calling or visiting the city planning departments to verify zoning, and conforming vs. nonconforming status is highly recommended. Verifying

the terms and conditions of a conditional use permit and under what circumstances it may be revoked is also recommended. If possible, get a copy of the approved permits or variances from the city or answers from the governing authority in writing. If a loan has been secured by an illegal nonconforming property or on a property with a revoked permit, getting paid back may be at risk.

ENDNOTES1 www.sanjoseca.gov/document center/ home/

view/333

2 Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176

Dan Harkey has been active in the real estate and financial services industry since 1972. He has taught private money lending and underwriting of commercial/industrial properties at over 350 educational seminars. You may call him at (949) 521-7115, e-mail him at [email protected] or join him on Linkedin.

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Points of Interest Summer 2016 Page 31

This discussion is educational material, not legal advice. Consult a knowledgeable lawyer before

implementing any of the ideas in this article.

Is it time to think outside of the box when structuring private money mortgage funds? In the traditional mortgage fund we have created dozens of times to house private money mortgages, the pool manager collects payments on the mortgages in the fund and from that cash flow first pays the manager an asset management fee. Second in the waterfall is the payment of a preferred return to the fund members (private investors), say 7%, and to the extent that there are profits in excess of the preferred return, splits those profits with the members, say 50/50. The manager does not guaranty any return; the return to the investor is wholly dependent upon collection of the mortgages the fund owns.

Some private money mortgage funds go to a bank to obtain a credit facility, pledging the pool’s mortgages to secure a line of credit. The cost to the fund is typically in the 5% to 6.5% range, which is below the pool’s preferred return. This cheaper source of capital increases the yield to the members.

A show of hands in is order: who thinks banks are reliable? Who feels confident their bank will not undergo a “change of policy” while the credit facility is outstanding and demand repayment? Typically you can negotiate a one year wind-down period.

But is that enough time? And how do you replace the lower cost of funds to keep the members interested in your fund? If they lose interest, your fund will be inundated with redemption requests-you will have to cope with a “run on the bank.”

There is a simple solution-a private money senior debt class at a low coupon, say 4.5%, collateralized with $2 of mortgages for every $1 borrowed. This solves the fickle bank risk. It reduces your risks for reasons I will explain. The debt class gets paid out of loan collections before anyone else get paid. If the average loan-to-value in your pool is 70% the effective loan- to-value of the senior debt class is only 35%. In other words, real estate would have to decline 65% before the debt class suffered a loss! Possible, but not very likely.

“Winter is coming,” the actors in Game of Thrones frequently say – it’s just a matter of time. What kind of investor would take a 4.5% investment that is super secure? Simple – those that are risk adverse and can’t survive a financial winter like the one that began in 2008. They are the investors that never want to get a phone call from you telling them there is no check coming to them this month. Some investors depend on the cash flow of their investments to pay their bills. They can’t afford to wait out a down market while you liquidate real estate. They need the money to live and it’s your job to respect that and plan for it.

What benefit is there to YOU to sell 4.5% debt to private investors? First, it is probably the most suitable investment for the investor who depends on cash flow to live. So you can pat yourself on the back for doing the right thing. That’s worth something including a better night’s sleep knowing your weakest investors are the most protected. Think twice before selling a normal fund membership to a weaker investor, even one that is accredited. If you do sell them a normal fund membership and financial winter sets in, how will you cope? Will you want to answer the phone? What about the attorney letters and eventual lawsuits? Will Cabo San Lucas start looking like the place to relocate?

Think too about your stronger, normal fund members. They get to enjoy the enhanced yields from the lower cost of funds that leverage provides. They can ride out the storm just fine. In addition, if they whine when a downturn sets in, which is only a matter of time, you can turn to them and say: “I offered you the senior debt piece but you passed.”

Doss Law has created dozen of mortgage funds over the past 15 years and has always been on the leading edge of the private money market. If you need help to create one or to modify an existing one, please give Dennis Doss a call – and sleep better at night.

byDennis H. Doss

Doss Law

4.5% Senior Debt Class in a Private Money Mortgage Pool:

Insanity or Brilliance?

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Page 32 Summer 2016 Points of Interest

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Points of Interest Summer 2016 Page 33

uch to the dismay of many a landlord, the new U.S. Department o f H o u s i n g a n d U r b a n

Development (HUD) policy announced on April 4, 2016, may make it diffi cult for residential property owners to conduct business as usual. It’s been the common practice of most landlords to turn-away a rental applicant with a criminal record. Residential property owners who continue with this type of vetting process could fi nd themselves with major legal headaches.

The new guidelines will significantly curtail inquiries about a tenant’s criminal background. HUD justifies this on the premise that the Fair Housing Act is intended to prohibit landlords from discriminating against renters who have criminal records. The reason? Doing so would inadvertently hurt protected classes, such as African Americans and Latinos who may have a disproportionate rate of incarceration when compared to the general population. The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status and national origin. But, one class unprotected by the new HUD guidelines is prospective tenants who have been

arrested and convicted of distributing and manufacturing illegal drugs.

Under the new provisions, landlords found to be discriminating against those with previous arrests or convictions may be sued or face other penalties. Julián Castro, HUD secretary, summed up the policy in a statement published by the New York Times:

“Right now, many housing providers use the fact of a conviction, any conviction, regardless of what it was for or how long ago it happened, to indefi nitely bar folks from housing opportunities.... Many people who are coming back to neighborhoods are only looking for a fair chance to be productive members, but blanket policies like this unfairly deny them that chance.”

Unfortunately for landlords, the rule, although well-intentioned, does not distinguish between willful and accidental discrimination. It does not have caveats for arbitrary vetting processes that ask seemingly innocuous and routine questions about criminal history. This means that landlords must change their vetting processes and carefully rethink every question they ask prospective tenants, orally or in writing.

The new guidelines apply to all housing providers, not just those that are HUD subsidized. If you are a private lender using residential rental property as collateral, you as a private mortgage professional should become familiar with the new guidelines in case you are ever required to manage any of the properties you fi nance.

This is a sea change for the industry because it’s common practice for professionally managed apartment complexes to run criminal background checks on their prospective tenants.

N ew r u l e s c an have uninte n d e d consequences, especially if they shift the way people do business. Announcement of the rules has elicited strong condemnation from some rental property owners and property management groups. They fear that the new rules, which allow for plaintiff s to use demographic data to prove housing discrimination, will create a dragnet that will sweep up landlords who aren’t discriminating. Some have gone so far as to suggest the rules make it impossible to turn felons away from housing, even for the safety of other tenants. Summing up a common argument, one can say, “What’s

byOdell Murry

MAI Financial Services, Inc.

A New Type of Housing Discrimination

continued on page 34

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Page 34 Summer 2016 Points of Interest

next, we are now outlawing criminal background checks for apartment rentals.”

Fair housing advocates, however, can cite U.S. incarceration statistics to make a convincing argument that barring felons from rental housing does disproportionately bar people of color from housing. The HUD document on the new ruling states that 2.2 million individuals are currently in U.S. prisons, representing some 25 percent of the total global population of incarcerated individuals. Since 2004, some 650,000 people are released annually from U.S prisons. African-Americans and Latinos make up a disproportionate percentage of that population. According to The Sentencing Project, one in three African-American males and one in six Latino males can expect to go to prison during their lifetimes. By comparison, only one in 17 White males can expect to be incarcerated in their lifetimes.

One can say that the Fed may be trying to correct a problem in the Justice Department and in the U.S. prison system as a whole by placing an undue burden on the backs of landlords. One unforeseen outcome is that the landlord may be caught in the middle of trying to protect other renters from criminal activities and him or her from lawsuits for bringing ex-cons into their buildings and facing discrimination charges from HUD. Although, it’s not my intention in this article to explore America’s mass incarceration problem; why the high crime rate, or why such a disproportionate number of African Americans and Latinos are in prison. We need to reform our prison system and provide better education, skill training, and economic opportunities to young individuals before they get involved in a life of crime. But, that’s another topic!

Unfortunately for landlords, the courts will be left to interpret this law, and until the first cases make their way through the court system, the ins and outs of exactly what violates the rules and what does not will be a bit of the unknown. In the meantime, although the following does not constitute legal advice and is not meant to advise landlords in any specific situation,

here are some suggestions on how best to avoid being on the wrong end of this new HUD policy.

Consult with an at torney who is knowledgeable in this area to thoroughly review your existing policy on criminal background checks, and update it accordingly. Because of the complexity and ambiguity of the policy, all rental agents, on-site property managers, and anyone else involved in the rental screening process should receive thorough, structured training. Consider only running criminal background checks if and when prospective tenants have cleared other qualifying benchmarks such as finance, employment and creditworthiness scrutiny. When you do reach the criminal background step, establish a look-back period such as the last five to seven years, and keep it consistent across all potential applicants. Weigh different types of crimes appropriately. For example, violent felonies should be weighed more heavily than misdemeanors. HUD recommends that landlords disregard arrest data, and not inquire about any arrests that do not lead to convictions. Be sure

your screening process allows prospective tenants to offer mitigating circumstances about their criminal conduct. Please discuss any action suggested here with your own qualified legal adviser.

This isn’t the first time that housing discrimination laws have changed since the Fair Housing Act was passed in 1968, and it certainly won’t be the last. While change can bring difficulty, lawsuits often can be avoided by using best practices against discrimination.

Odell Murry is founder and president of MAI Financial Services Inc., a private-mortgage company and institutional commercial mortgage broker. He is also past president of the California Mortgage Association. Murry originates life-insurance-company institutional and private-mortgage loans on apartments, industrial, retail and most other income-producing commercial real estate. He also serves as chairman of the National Advisory Board of the University of Massachusetts W.E.B. Du Bois Center. You can contact Odell Murry at [email protected] or (866) MAI-FUND.

Discrimination – continued from page 33

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Points of Interest Summer 2016 Page 35

Mortgage Industry Information, Opinions & Tips

am often asked why the CalBRE doesn’t make information more easily available to Brokers and Salespersons, specifically

about new laws and commissioner’s regulations. In addition to the Real Estate Law Book which is updated on a yearly basis and made available online at www.dre.ca.gov under the PUBLICATIONS tab, there are other resources available online at the CalBRE website that are meant to keep the licensees current with the rules and regulations necessary to the successful running of their business. It is up to the licensee to be aware of and read these offerings regularly.

REAL ESTATE BULLETINFor a long time all Real Estate licensees would receive the Real Estate Bulletin in the mail on a quarterly basis. Several years ago, however, the CalBRE stopped mailing the Bulletin and started to post it online at www.dre.ca.gov, still on a quarterly basis. It is important to read the Bulletin and keep up on current issues that the CalBRE managers and the commissioner write about in this publication. In addition to the most current Bulletin being posted, the archive of Bulletins goes back to the Spring 2000 edition. There is even a Table of Real Estate Bulletin Articles that gives the title of each article in every edition for the last 16 years. To access the Bulletin, go to the homepage of the CalBRE and click on the word PUBLICATIONS in the upper right hand corner. There are two other Bulletins that were published in the past (Mortgage Loan Bulletin and Subdivision

Keeping UpIndustry Bulletin) that were discontinued in 2009, but the archived Bulletins are still available under PUBLICATIONS.

CURRENT NEWSAnother source of information provided by the CalBRE comes under the link entitled CURRENT NEWS found on the homepage of the CalBRE website under the heading ESSENTIAL INFORMATION (located in the lower left quadrant of the homepage). The information posted there is also available as an RSS feed to which licensees can subscribe. One of the monthly items that is posted in the Current News area is a list of Disciplinary Items (actions against licensees) that used to be included in the quarterly Real Estate Bulletin. It is important to review those actions to understand what violations the CalBRE is currently finding in both audits and special investigations. This is an excellent way for a broker to take stock of what is getting others in trouble and making sure he/she isn’t doing the same thing in their business. As another example of important information provided by the CalBRE on their website, the Current News section recently posted an excellent article about how to establish a Trust Account that is extremely valuable for all brokers to understand. (Note: Even if you think your Trust Account is set up correctly, reading this article is highly suggested.)

COMPLETE LIST OF PUBLICATIONSAccessible under the PUBLICATIONS tab is a link to an area that gives access to many other publications offered by the CalBRE to

help both the licensee and the public. One of the most valuable to those of us in the mortgage industry is entitled “Mortgage Loan Broker Compliance Manual.” Reading and understanding that document is essential for anyone negotiating mortgage loans in California. Many such documents are accessible by clicking the very first link on the PUBLICATIONS tab that is simply entitled “Complete List of Publications.”

REAL ESTATE REFERENCE BOOKUnlike the Real Estate Law Book which is updated annually, the Real Estate Reference Book was last revised in 2010. However, it is still a very good resource for licensees to utilize when educating oneself about the rules and regulations of the CalBRE. This book is available under the third link on the PUBLICATIONS page.

NOW YOU KNOW HOW TO KEEP UPInformation is available if you go looking for it. Spend some time reading the publications, documents and reference materials provided by the CalBRE via their website and you will be better prepared to run your business in a compliant manner.

Pam Strickland is a compliance consultant who helps brokers prepare for and survive a CalBRE audit. www.pamstrickland.com.

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Page 36 Summer 2016 Points of Interest

Sum

mer

Sem

inar

CALIFORNIA MORTGAGE ASSOCIATIONwww.californiamortgageassociation.com

CMA San Diego

2016 Summer Seminar— July 28-29, 2016 • San Diego, CA —

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Points of Interest Summer 2016 Page 37

WELCOME NEW MEMBERSThe California Mortgage Association welcomes the following members who are new to the association:

BENEFITS OF MEMBERSHIPCMA is one of the fastest growing statewide associations and we thank all our members for

their support! You are encouraged to share with your nonmember colleagues all of the membership benefi ts and reasons you belong to the association. Encourage them to join

– applications can be found on the CMA Web site – www.californiamortgageassociation.com, or by calling the headquarters offi ce at (916) 239-4080.

Please remember to share information about the Focus Groups that are provided to members only.

Additional information can be found on the CMA website. There are many exciting educational programs being planned and the Summer Educational Seminar in San Diego in July, 2016 is the next program being off ered.

Thank you again for all of your support and contributions to CMA and the private loan industry!

Jan BrzeskiArixa Capital

10940 Wilshire Boulevard, Suite 2300Los Angeles, CA 90024

(310) [email protected]

Regular Member

Ken CarterYolo County Realty, Inc.

452 Elm StreetWoodland, CA 95695

(530) [email protected]

Regular Member

Kimberley DeedeKirby & McGuinn, A P.C.707 Broadway, Suite 1750

San Diego, CA 92101(619) 398-3370

[email protected]� liate Member

Jeff DonovanMO Financial, Inc.

9301 Wilshire Boulevard, #503Beverly Hill, CA 90210

(310) 858-7096je� @mo� nancial.comEducational Member

Sam KaddahLiquid Logics

20101 East Jackson Drive, Suite BIndependence, MO 64057

(816) [email protected]

A� liate Member

Dean Kirby, Jr.Kirby & McGuinn, A P.C.707 Broadway, Suite 1750

San Diego, CA 92101(619) 398-3370

[email protected]� liate Member

Michael KlemensThe Brookline Group

4400 Nogales DriveTarzana, CA 91356

(818) [email protected]

Educational Member

Tim OnderkoNehemiah Community Capital, Inc.

640 Bercut Drive, Suite ASacramento, CA 95811

(916) [email protected]

Regular Member

Larry PerrySeattle Funding Group of California

4711 Viewridge Avenue, Suite 270San Diego, CA 92124

(858) [email protected]

Regular Member

Josiah PuderSandstone Capital, Inc.

10877 Wilshire Boulevard, Suite 1105Los Angeles, CA 90024

(310) [email protected]

Regular Member

Dan RogerseScreenLogic

10360 Old PlacerVille Road, Suite 150Sacramento, CA 95630

(916) [email protected]

A� liate Member

Page 40: by Carlos Nodarse - The Mortgage Office Software 16-2.pdf · 2016-12-15 · Legislative Advocates. Points of Interest. Summer 2016 Page 5. W. e are in the middle of the second year

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California Mortgage Association2520 Venture Oaks WaySuite 150Sacramento, CA 95833