Looking for RE attorney experienced in HM/Private lending

[Chuck Van Court]

Greetings BP members!

I am looking for recommendations for a RE attorney in Washington State that is experienced in supporting Private Money Lending.  No OPM involved and 1st lein position taken.  Any suggestions would be greatly apprecaited!

I would also appreciate help with understanding what specifically can be expected from a good title agent and the name of a good one in the Seattle area.

Much Thanks!

Chuck

[Tatiana Gershanovich]

Are you looking to lend or borrow?

[Richard Scholtz]

I am recommending him as Real Estate attorney who is also a CPA. His brother is a Commercial Banker (So he understands timeliness) For example - He dropped everything to turn around some Quit Claim Deeds in under 6 hours for a messed up title and LLC - I needed A.S.A.P.

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Peter A. Triandafilou, Esq. SEATTLE LAW OFFICE is the name of his company 1421 34th Avenue, Suite 200

Seattle, WA 98122-3333

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For Title Work/Escrow work we followed Marianne when she changed offices 8 years ago to follow her.... 

Marianne Lisson - Escrow Officer - First American Title and Escrow -- She works in the 9th street Office in Puyallup

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Day after Day year after year she has found notaries - cleared messed up titles...got Dead Folk off title....and resolved re-conveyed old mortgages....which is why Marianne  gets our business regardless of where the property is located.

She got our VA loan docs flown into the Green Zone into Baghdad Iraq to be "notarized" with that wierd Military notary that does not expire....when there was only one airfreight company flying in out of Germany ,....and they got shot at so delivery was sporadic. Of course interest rate locks and time sensitive docs just complicated her job....

Every deal needs a good title// escrow officer... After 20 years as lender ....One learns to find a few good folk and stay loyal to them....and getting deals totally !@&$)*$$_)* UP by some Newby just confirms that decision. 

[Chuck Van Court]

Thanks Richard for the great info.

Tatiana, I am looking to lend money to very seasoned flippers with complete and proven infrastructure in place for all facets of their business.

[Bob Malecki]

Hi @Chuck Van Court, 

You should use an attny who is well versed in securities since you are going to be providing loans and that is regulated by both WA and SEC on the federal level. Below is a contact with whom I've done work and she is excellent, especially since she used to work for WA DFI. Have fun!

Bob

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Marlo DeLange 

Attorney at Law

Vandeberg Johnson & Gandara LLP

1201 Pacific Avenue, Suite 1900

Tacoma, WA 98401

[Chuck Van Court]

Hi Bob:

Thanks for the recommendation.

All of the loans I will be doing will be 1st lien position at up to 75% LTV (purchase price) for commercial investments that has no DF oversight requirements. No funding will be provided for rehab and I will only be using my own money.

I have found a few examples for the promissory note, deed of trust and the lender/escrow instructions that seem like they will work for me with minor modifications.

At this point I am not sure why I would even require an attorney and would greatly appreciate your thoughts on why I might still need one at all for the deal structure identified.  Further Elaboration on what circumstances would benefit from an attorney with SEC experience would also be helpful.

Thanks again for sharing your great, real-world insights!

[Bob Malecki]

Understood and Dodd Frankenstein is not an issue since you are not lending to owner/occupants, but if you are loaning money, you are involved in a security. Wouldn't be a bad idea to contact a securities attny just to see if there are any state or fed regs that you should be aware or at least have the attny review your loan docs wearing their securities lense.