MacLaughlin & Company Finance Division Policies & Procedures


MacLaughlin & Company Finance Division specializes in the representation of owner-user and investor owned commercial real estate properties.  Properties to be financed must be commercial zoned or for commercial use.  Any primary-collateral residential properties with a 1-4residential unit located on subject property are not eligible for brokerage services at MacLaughlin & Company.   Loan proceeds must be for business purposes; consumer loan proceeds are not eligible.  Property owners must agree that proceeds are for business purposes within MacLaughlin & Company’s agency representation agreement.

No credit reports are to be run at MacLaughlin & Company for commercial real estate mortgages.  We can accept credit reports provided by prospective borrower or provide prospective borrower with a credit authorization from lender.

Verbal or written authorization to release information from commercial real estate property owner to perspective lender shall be obtained to assist in loan analysis decision.  Credit application is when MacLaughlin & Company’s lender/fund provides an expression of interest letter that client has signed & approved.  Within 3days of receipt of credit application, MacLaughlin & Company agent is to complete the mortgage loan disclosure statement (BRE form 882) and the agency agreement to issue to client for review & approval.

Credit decisions are to be communicated to prospective borrower verbally, e-mails or by written correspondence.    MacLaughlin & Company shall fully disclose all information and materially known facts to all parties involved as it is made aware.  Material changes to financial position or to property are also to be fully disclosed to all involved parties.



The introductory call is to be completed using loan request form to determine if loan is merited for further discovery with funder.  A needs list is to be sent to commercial real estate owner to provide personal financial statement, property operating information & supporting documents, borrower & affiliate tax documentation and interim financial statements are also required for analysis.  Once in receipt, the loan request is analyzed through loan worksheet, lender representative or internal cashflow analysis.   Credit decisions to be made by fund underwriter and information disseminated to all involved parties.  Material changes to collateral, pricing, loan amounts shall be fully disclosed to all involved parties.  Confirmation of communication should also be sought from all involved parties.  Issuance of AB1103 disclosure statement.

2842.5. Completed Written Loan Application:  For purposes of Section 10240 of the Code, a loan application shall be considered complete when the licensee receives or has prepared a written application on an application form or forms normally used by a lender or the licensee.


Written Disclosure Statement 10240. (a) Every real estate broker, upon acting within the meaning of subdivision (d) of Section 10131, who negotiates a loan to be secured directly or collaterally by a lien on real property shall, within three business days after receipt of a completed written loan application or before the borrower becomes obligated on the note, whichever is earlier, cause to be delivered to the borrower a statement in writing, containing all the information required by Section 10241. Issuance of the lender’s expression of interest letter does not constitute an application; application issued by lender after acceptance of the lender’s expression of interest letter.  It shall be personally signed by the borrower and by the real estate broker negotiating the loan or by a real estate licensee acting for the broker in negotiating the loan. When so executed, an exact copy thereof shall be delivered to the borrower at the time of its execution. The real estate broker negotiating the loan shall retain on file for a period of three years a true and correct copy of the statement as signed by the borrower. No real estate licensee shall permit the statement to be signed by a borrower if any information required by Section 10241 is omitted.  Prior to becoming obligated on the loan the borrower shall acknowledge, in writing, receipt of the “good faith estimate” and all applicable disclosures required by the Truth in Lending Act. The real estate broker shall retain on file for a period of three years a true and correct copy of the signed acknowledgment and a true and correct copy of the “good faith estimate” and all applicable disclosures required by the Truth in Lending Act as acknowledged by the borrower.