Private Lender Law is the nationwide firm private lenders call for transactions in Florida that demand precision. Our real estate attorneys handle business-purpose loan closings, documentation, loss mitigation, foreclosure, regulatory compliance and enforcement defense across all the state’s jurisdictions. Reach out to us to discuss your needs for a legal review.
Private Lender Law delivers comprehensive legal support tailored to the Florida private lending market. Our team understands the requirements that govern business-purpose real estate financing across the state.
We draft business-purpose loan documents, title and recording strategies, and escrow instructions tailored to Florida law. Our experience spans single-family rentals, commercial collateral, bridge financings and construction loans. Every document adheres to the state’s unique recording requirements and lien priority rules.
Our attorneys advise on Florida Statutes Chapter 494, loan-originator licensing under the Secure and Fair Enforcement for Mortgage Licensing (SAFE) Act and Nationwide Mortgage License System (NMLS), seller-carry exemptions, and filing processes with the Florida Office of Financial Regulation. We help lenders determine when limited transactions or holdings thresholds may avoid mortgage-banker or loan-originator licensing obligations.
We handle Florida’s foreclosure process, including required notices and mediation programs, eviction and post-sale procedures, and loss-mitigation negotiations. Florida’s judicial foreclosure system demands strict adherence to statutory notice requirements, and our team ensures every step is documented and defensible.
When servicing errors, borrower disputes or title issues arise, Private Lender Law provides administrative and regulatory responses, remediation plans and representation in administrative proceedings and court. We defend lenders in enforcement actions and help resolve disputes before they escalate into costly litigation.
Florida’s regulatory landscape presents unique challenges for private lenders:
Seller-carry transactions — where a person finances the sale of their own property — may be exempt from mortgage-banker or loan-originator licensing. Individuals making loans exclusively with their own funds for their own investment, and who do not advertise themselves as being in the mortgage lending business, may also qualify for exemptions.
Originators working in Florida must register with NMLS and comply with federal and state licensing requirements unless exempt. Private Lender Law helps lenders navigate registration, continuing education and compliance obligations if applicable.
Chapter 687 governs interest rates and fee disclosures for business-purpose loans. Common operational pitfalls include improper fee characterization and inadequate disclosure documentation.
Required pre-suit notices for judicial foreclosures precede foreclosure sales. Lenders must provide detailed documentation to support the sale, including proof of default, notice delivery and compliance with statutory timelines.
Private Lender Law combines transactional, litigation and regulatory experience for private lenders in Florida and nationwide. Our practical approach delivers faster closings, fewer post-closing disputes and defensible policies. We understand Florida’s business-purpose lending environment and provide the legal infrastructure lenders need to operate compliantly.
Reach out to Private Lender Law for a legal review of your private lending operations by a reputable Florida commercial real estate attorney. Call 332-238-3149 or submit your details online to connect with a Florida real estate lawyer experienced in business-purpose lending.
