Business purpose loan updates
As many of you know, private lenders primarily do what is considered to be “business purpose loans”. What is a Business Purpose Loan? A business-purpose loan is a type of financing where the borrowed funds are used primarily for business-related activities rather than personal, family, or household purposes. We operate under the business purpose exemption since it enables us to provide financing with more flexible terms to borrowers who need quick access to capital for business ventures, real estate investments, or other commercial activities. Relying on this exemption ensures that we remain compliant with applicable laws while meeting the specific needs of your business clients.
I have been asked many times what we do to prove that our loans are being used for business purposes, so I wanted to elaborate on the process and disclosures we use.
Purpose letter. We get a letter (typically handwritten or on business letterhead) from our borrower on every transaction where they explain what the loan proceeds will be used for.
We get a “certificate of business purpose” where they describe in bullet point format how the loan proceeds will be broken down to further provide insight in to how the funds will be used.
We review the loan proceed breakdown at the end of the transaction to be sure a majority of the loan will be used for business purposes.
We have an additional business purpose affidavit called “Affidavit Regarding Business/Commercial/Investment Loan Purpose” that we have the borrower sign with loan documents AND NOTARIZE to verify completion and understanding.
Our loan application was specifically built for business purpose loans with additional language added to make it clear we don’t do consumer purpose loans.
These five points ensure that our file is well-documented and clearly for business purposes.