:So now my broker/attorney and I are in a dilemma. If we say nothing we are accountable legally. I now have to go to the Department of real Estate and report this illegal action. It truly is illegal as this issue was in court about 4 years ago and the courts ruled against the banks.
Are you a California real estate broker or a salesman? I was a broker in California for a dozen years. When I was in practice, the law said interest could not be charged before it is earned. The way to get around that with hard money loans is to charge points. Each point is 1% of the principal amount. Ten points was not unusual for those type of loans in the 1970's and early 1980's when I was in real estate. If principal amount was $100,000 with ten points charged up front, the borrower would receive $90,000 and still owe $100,000. The lender didn't get money up front with the poiints. He got it from the additional interest on the higher amount and the rest when the loan was paid off if it was a baloon loan.
Farkel