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Guidelines For Best Practices in Connection With Retirement Accounts of the Elderly

I am serving on an American Bar Association, Senior Lawyers Division, Task Force in connection with setting up ABA approved guidelines to identify elder financial abuse with respect to retirement accounts.   The relevant statute and the definition of Monitors, are hereinafter described.  A broker-dealer who is a member [“Member”] of the Financial Industry Regulatory Authority (“FINRA”) […]

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Real Estate Appraisal Requirements-As a commercial lender do I need an appraisal or a valuation of my collateral

Financial Institution Letter (FIL-29-2017) applies to all FDIC-supervised institutions. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended (Title XI) requires the Agencies to adopt regulations prescribing standards for appraisals used in connection with federally related transactions within the jurisdiction of each agency, including that they be performed by […]

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How Do I structure an equity infusion into my commercial real estate of brokerage company?

There are a number of issues that should be considered when structuring an equity infusion and/or a strategic alliance.    The first question is always, what is the regulatory issue associated with the business or new business plan?    When setting up the business structure for the equity infusion, are there limitation on what type of entity […]

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Hidden Fees and Fintech

The Federal Trade Commission (the “FTC”) filed a complaint against Lending Club in the district court for the Northern District of California, in April, 2018.   The complaint alleges that Lending Club’s online advertising “lures prospective borrowers by promising ‘no hidden fees,’ but when the loan funds arrive in a consumer’s bank account, the “hidden fees” […]

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Fees Paid Among Licensed Individuals or Entities

When considering the payment of fees, the parties must address the circumstance surrounding the payment of the fee, the type of transaction and to whom it would be paid.  This article will discuss the payment of referral fees in California
real estate transactions, mortgage loan transactions and fees paid to unlicensed persons. When discussing the subject […]

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Co-Counsel

As a mentor and Bar leader, I am often asked by young attorneys; “How do I grow a successful practice as a young lawyer or partnering with another lawyer at my expertise level?” If you are currently with a firm, you should learn as much as possible on a daily basis. If you have a […]

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