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Is The Marketplace Lending Apocalypse Upon Us?

May 3, 2016
Article by:

Marketplace Lending Apocalypse

Days after rumors leaked that Prosper Marketplace had planned to lay off staff, the WSJ is now reporting that the company is indeed eliminating 171 jobs, closing their Utah office and letting go of their chief risk officer. CEO Aaron Vermut’s salary has also been cut to zero.

The timing for the industry they’re a part of couldn’t be worse. OnDeck’s stock closed down 34% today after Q1 losses and revised projections took analysts by surprise. The source of the pain? OnDeck’s “Marketplace.” The institutional investors typically willing to pay a high premium for loans disappeared, according to OnDeck executives on the earnings call.

Unsurprisingly, Prosper’s “Marketplace” has historically relied on institutional buyers for their loans too, as much as 92% of all loans on the platform in fact. Prosper’s roots as a peer-to-peer lender don’t make it an ideal candidate to just shift loans to their balance sheet like OnDeck, which could make the changing capital markets landscape even more painful for them.

Two months ago, Prosper raised the interest rates they charge, citing a “turbulent market environment.” And just weeks ago, Citigroup announced that they would no longer buy loans from Prosper to package into bonds. Now, signs of stress are finally starting to show.

And then there’s Lending Club, a “marketplace” rival to both Prosper and OnDeck, who experienced a 10% decline in its stock price today. The company’s model is under fire through a class action lawsuit that alleges among other things that they along with WebBank are Racketeer Influenced Corrupt Organizations. Lending Club plans to release their Q1 earnings on May 9th.

And it’s not just the capital markets and lawsuits shaking up the landscape. Half a dozen trade associations have been formed over the last few months to quell some of the negative rhetoric surrounding online lending in Washington and to educate policymakers on the positive aspects of these services.

In the Illinois State Senate for example, a pending bill has the potential to outlaw all nonbank business lending altogether.

Some of those that broker business loans have already fallen on hard times due to things like the cost of leads skyrocketing.

“Anybody can fund deals – the talent lies in collecting the money back at a profitable level,” said Capify CEO David Goldin in AltFinanceDaily’s most recent magazine. “There’s going to be a shakeout. I can feel it.”

The early signs of that prediction may finally be starting to unfold.

After the Lendit Conference last month, I speculated that marketplace lending euphoria ended because the relationship between investors and platforms was in some ways based on lust, not love. The breakup is now starting to manifest itself in the form of missed earnings and layoffs.

Is the apocalypse upon us? Probably not yet, but these foreshocks are a good sign that we’ll soon be separating the wheat from the chaff.

Make sure to wear your hazmat gear as you enter the marketplace.

Q1 Update: Here are Five Partnership Deals Lenders Struck

April 6, 2016
Article by:

piggies

It’s the end of Q1 and it’s time for that scorecard and see what lenders were up to. The year has been favorable for marketplace and online lenders so far. The Fed kept rates unchanged, small business borrowing peaked in February and many of these companies made impressive hires.  As companies prepare for the second quarter, here are some of the key partnerships made by online lenders so far this year. 

Opus-OnDeck

The year started with a bang for alt lending posterboy OnDeck Capital with a referral arrangement with California-based Opus Bank. OnDeck will finance Opus’ small business clients requiring up to $500,000 through lines of credit, flexible term loans and quicker processing.

Prosper-HomeAdvisor

Home improvement loans have been a cash cow for San Francisco-based Prosper Loans. Last month, (March 14th), marketplace HomeAdvisor entered into an exclusive multi-year contract with Prosper to provide home improvement loans after the company quietly terminated a similar contract with Lending Club.

As of 2014, approximately 8 percent of Prosper borrowers said their loan was for home improvement. Orchard, in its analysis states that these loans may in part be a substitute for traditional home equity lines of credit, which used to be easier to obtain prior to the housing crash.

Bizfi-West Coast Banking Group,

Small business lender Bizfi struck a deal with Western Independent Bankers, a trade association of community banks in the west coast to be the exclusive alternative finance lender for small businesses that are members of the association.

The New York-based alternative lender also signed on the New York State Restaurant Association to provide equipment financing, invoice financing and lines of credit for 2,000 restaurants that are members.

Avant-Loandepot

Consumer lending company loandepot and marketplace lender Avant launched a borrower referral program. Under the mutual borrower program, the two companies will have access to each other’s customer base to “expand credit options to responsible borrowers.”

Kabbage-NFIB, Santander

Atlanta-based Kabbage landed itself a sweet deal with the National Federation of Independent Business, throwing open a potential market of 325,000 small businesses where members can access lines of credit of up to $100,000 and flexible term loans.

Kabbage also debuted in the UK with Santander Bank which will use Kabbage’s technology to underwrite quick loans up to 100,000 pounds the same day for loans that typically take 2-12 weeks to process.

 

Bizfi Partners With West Coast Banking Group

March 17, 2016
Article by:

Bizfi will be the exclusive alternative finance solutions provider for small businesses that are members of the Western Independent Bankers, a trade association of community banks in the west coast.

Small businesses in the midwest and west coast in states including Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada New Mexico, Oregon, Utah, Washington and Wyoming can benefit from this partnership. Bizfi’s marketplace partners with lenders like OnDeck, Funding Circle and Kabbage.

“WIB member banks are the leading funders of America’s small businesses,” said Michael Delucchi, President and Chief Executive Officer of WIB and WIB Service Corporation. “With Bizfi as a WIB Premier Solutions Provider we are able to offer their expertise in alternative financing and superior technology to our member banks and deliver a complete solution for small business funding.”

Earlier this month, Bizfi partnered with The New York State Restaurant Association to provide business financing for its 2,000 small businesses in the restaurant space.

BFS Capital Appoints Ken Murray as Chief Marketing Officer

January 13, 2016
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BFS Capital (“BFS”), a leading technology-enabled small business financing platform, announced today that it has appointed Ken Murray as its chief marketing officer. Mr. Murray is responsible for customer acquisition and loyalty marketing efforts to drive growth for BFS Capital, including demand generation, communications, marketing analytics, digital, channel development and brand management. With more than 25 years of leadership experience in financial services, Mr. Murray is a recognized thought leader in marketing execution and digital transformation.

“We’re thrilled to welcome Ken aboard to lead our marketing efforts,” said Marc Glazer, CEO and co-founder of BFS. “Ken’s vast knowledge of the entire marketing landscape, digital marketing, customer experience and other strategic skillsets will play an integral role in our next phase of growth. Our mission continues to be focused on responsibly serving small businesses and with the addition of Ken, we fully intend to drive this momentum further into 2016 and beyond.”

BFS is focused on moving forward with the transformation that began in 2015. In July, the company hit the $1 billion milestone in total financings to small businesses and in September the organization rebranded with a new logo, website and name change.

“I’m truly excited for this opportunity to help guide a brand that is an industry leader,” said Mr. Murray. “I’ll be focused on applying my knowledge to the BFS market and on growing the company’s relationships with business owners, investors and industry partners.”

About Ken Murray

Prior to his new position, Mr. Murray served as Head of Digital Products for Farmers Insurance Group in Wilmington, Delaware and Los Angeles, as well as Vice President of Marketing for 21st Century Insurance. Earlier, he was Chief Marketing Officer for J.G. Wentworth, where he was twice nominated for Marketer of the Year by the Direct Response Marketing Association. He also served for 12 years at MBNA America and MBNA Europe, where he held leadership roles in digital marketing, product development and product management. He started his career as a journalist, working at newspapers in Connecticut and Florida before starting his financial services career at Barnett Banks, Inc.

Mr. Murray has a BA in English from the University of Delaware and an MBA with concentrations in finance and economics from the University of Florida.

Year of The Broker Concludes – 2015 Recap

December 31, 2015
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deBanked New YearIt was the Year of the Broker, a phrase that often conjured up images of easy money and inexperience. Lenders like OnDeck reacted by reducing their dependence on them. Responsible for 68.5% of their deal flow in 2012, OnDeck only sourced 18.6% of their deals from brokers in the third quarter of 2015.

But there’s money being made. One broker is on pace to do more than $100 million worth of deals annually after working as a plumber eight years ago. Another went from sleeping in his car to driving a Ferrari. Meanwhile, brokers like John Tucker are basically saying just the opposite. Tucker has repeatedly taken to AltFinanceDaily to preach things like “minimalism,” a practice of living below your means to a point where you can survive, and telling everyone it’s okay to embrace the satisfaction of a middle class life.

So is it the end of days or just the beginning?

In October, initial survey results of top industry CEOs revealed a confidence index of 83.7 out of 100, but out there on the street for the little guy, it’s been a tumultuous year. Things like commission chargebacks have hit brokers at unexpected times, with several funders privately telling us over the year that rogue brokers have closed their bank accounts or frozen the ACH debits in order to avoid giving the commissions back.

In 2015, brokers sued their sales agents and sales agents sued their employing brokers. Deals got backdoored, deals got co-brokered, and soliciting deals anonymously got banned from industry forums. Stacking continued mostly unfettered but is being pursued in the court system by funders allegedly injured by it. Brokers took over Wall Street and are supposedly being watched by regulators. Oh, and robo-dialing? Brokers should probably steer clear of that, just as underwriters should ditch paper bank statements.

It’s a lot to manage. Sometimes for a broker, just losing a deal can make them so sick that they have to go home. That’s apparently what happens when you don’t answer the phone fast enough. At least one said there’s no room left for more competitors so if you were thinking of starting a brokerage now, $2,000 won’t be enough.

But things could be worse. In 2015, IOU Financial was under attack by Russian nuclear scientists, a story that was more truth than exaggeration. In the end, Qwave Capital acquired a 15% stake in IOU.

An OnDeck class action lawsuit that looked bad at first turned out to be mostly based on the words of a convicted stock manipulator with a short position in the stock. The case is still ongoing and OnDeck’s stock price is down 50% from their IPO.

In 2015, two guys lost God but found $40 million (although numerous sources say that number is off).

Madden” no longer means the football video game and Section 1071 is not a seating area in a stadium.

An RFI turned out to be something not to LOL about. Despite an overwhelming response from lenders and funders, the Treasury isn’t completely sold.

Happy New YearThings weren’t so automated in 2015 despite the cries of technological disruption. Maybe that’s why it feels like 1997. Manual underwriting still dominated and bank statements still matter as much as they ever did. God declined loan applications, Google rigged the search results, and a mayor declared war on merchant cash advance (and then never spoke about it ever again after being re-elected).

Lobbying coalitions formed. NAMAA became the SBFA. The CFPB lied and community bankers testified.

But things are looking up. Brokers can obtain outside investments, get acquired, or make millions through syndication.

Bad Merchants are now ending up in more than one bad database, though a deal for the ages slipped through the cracks. Other merchants went to jail. Square went public and brought merchant cash advances along with them. The industry beamed its message through Times Square and one Democratic congressman has asked God to bless it all.

It was a crazy year. Marketplace lending became an acknowledged term (and the name of a conference) and already companies under that umbrella have been linked to presidential candidate (and desperate loser) Jeb Bush and the San Bernardino Terrorists. The FDIC had a few things to say and SoFi went triple-A. Marketplace lending is making a lot of people money, but when looking at the tax implications is there something funny?

In 2015, the big boys shared their wisdom and their figures. Turns out, it was beyond hyperbole. Brokers experienced an incredible rise or they pawned their ferrari to the other guys. Some focused on a specific crop, while others are trying it over the top. California sucked, John Tucker tucked, and one lender got totally F*****. In 2015 some funders got tanked, so in 2016 we’ll all be AltFinanceDaily.

Happy New Year!


You can download past magazine issues here.

Got a Ferrari or Fine Art? If So, You May Have More Leverage Than You Think

December 23, 2015
Article by:

This story appeared in AltFinanceDaily’s Nov/Dec 2015 magazine issue. To receive copies in print, SUBSCRIBE FREE

If you own a Ferrari, fine art or expensive wine, getting access to capital may be easier than you think.

Although it’s still a niche market, luxury asset-backed lending has been gaining traction lately, particularly with small and mid-size business owners. These executives are enticed by the ability to use certain high-priced valuables as a means of getting large amounts of cash quickly and often at a lower cost than other funding sources.

“People are increasingly learning that this is another option. It’s not for everybody, but it’s another option,” says Tom McDermott, chief commercial officer at Borro, a New York-based asset-backed lender that deals exclusively with luxury asset-based loans.

It’s notable that luxury asset-based lending by alternative funders is gaining ground at a time when unsecured money is so easy to come by. There are several reasons business owners are attracted to the idea of leveraging their valuables to attain cash. First off, they don’t need stellar credit or a proven track record in business to qualify. Secondly, they can typically get larger sums of money and at better rates than they might through other financing channels. A third reason is that many of them have already tapped out other funding options and leveraging their assets allows them to obtain additional funds quickly.

ferrari

“A lot of small business owners have assets, so it’s something else for them to utilize in getting access to attractive small business financing,” says Steven Mandis, chairman of Kalamata Capital LLC, an alternative finance company in Bethesda, Maryland.

Here’s how the process typically works at most luxury asset-based lenders. Say a business owner wants to borrow against a high-priced item such as a top-of-the-line car, fine art or wine, jewelry or a luxury watch. First the luxury-based lender hires a third-party to appraise the item. Generally, depending on the asset and its marketability, lenders will lend 50 percent to 70 percent of the asset’s value. If the owner moves forward, the item or items are held and insured in a lender’s secure storage area until the loan is paid back. Default rates on these types of loans are relatively low, lenders say.

“People don’t want to put their house at risk when they need capital,” says McDermott of Borro. “They’d rather lose the Maserati or a lovely piece of art than the house,” he says. And even then, it doesn’t happen very often, he says. Borro clients only default on their loans about 8 percent of the time, McDermott says.

Barriers to Entry

To be certain, luxury-based lending is not a business that every funder wants to be in. For starters, there are a lot of regulatory hoops a funder has to jump through in order to do it. You need a pawnbroker’s license and a second-hand dealer license. You also need a secure facility or facilities to house the collateral, have secure ways of transporting the valuables, and you need to carry large amounts of insurance for the transfer of the items as well as during the holding period.

Indeed, keeping the items secure is critical. PledgeCap, a Lynbrook, New York-based funder, says on its website that it uses “cutting edge technology, top of the line bank vaults and armed guards” to keep a customer’s items safe. What’s more, all items are insured during transit and storage. All items are shipped through secured and insured FedEx shipping vendors for pickups and drop-offs.

“There aren’t a lot of players in the market because there are a lot of operational and legal requirements to adhere to. There are a lot of barriers to entry,” says Gene Ayzenberg, the company’s chief operating officer.

Mona Lisa Painting

Putting Things in Perspective

Luxury asset-based lending is only a small subset of the overall asset-based lending market, which as a whole has been gaining ground in the past few years. After getting badly burned in the most recent recession, many lenders have come to appreciate the security blanket that collateral offers. According to the Commercial Finance Association’s quarterly Asset Based Lending Index, U.S. ABL loan commitments rose 7.2 percent in the second quarter, compared with the year-earlier period. In addition, new ABL credit commitments were 6.3% higher than the same period a year ago.

“Asset-based lending at one time used to be the lending of last resort. Now it’s the type of lending that it is accepted globally,” says Donald Clarke, president of Asset Based Lending Consultants Inc., a Hollywood, Florida-based company that provides due diligence services for lenders. “Today, everybody wants an asset.”

There’s not a lot of public data to gauge the size of the luxury market within the broader asset-based lending market. But a 2014 report that focuses on art lending gives more perspective to at least one facet of luxury asset-based lending.

Thirty six percent of the private banks polled said they offer art lending and art financing services using art and collectibles as collateral. That’s up from 27 percent in 2012 and 22 percent in 2011, according to the report by consulting firm Deloitte and ArtBanc, a company that provides art sales alternatives, valuations and collections management services.

Meanwhile, 40 percent of private banks said this would be a strategic focus in the coming 12 months, up considerably from the 13 percent who named this as a priority in 2012.

These market changes are likely driven by client demand. The Deloitte/ArtBanc survey found that 48 percent of establishes art collectors polled said they would be interested in using their art collection as collateral for a loan, up from 41 percent in 2012.

Many big banks won’t touch asset-based lending deals unless they are worth north of $5 million. Some community banks will do smaller deals, but many don’t have the necessary infrastructure or skill sets, explains Clarke, of Asset Based Lending Consultants. This, of course, leaves an opening for alternative funders to capture market share.

Luxury asset-based lending expected to experience growth

Some lenders say they expect demand for luxury asset-based loans to continue to increase over time as more people accumulate big-ticket items and they become more aware that they can satisfy their capital needs by leveraging those assets. “A lot of times they don’t even know they have this option available to them,” says Ayzenberg of PledgeCap.

He says most of his company’s customers are small and mid-size business owners. Often they have temporary cash flow issues, but bank loans aren’t necessarily an option for them for any number of reasons. For instance, some may have bad credit. Others may have excellent credit but not enough of a business track record to qualify for a bank loan. Others may not have the cash flow to secure the amount of money they need, or they may need the money very quickly. Asset-based lenders can generally make the money available within a day, whereas bank loans require a lot of paperwork and can take months to obtain.

Mandis, of Kalamata Capital, says his company has seen an increased willingness by business owners to put up their luxury assets as collateral in order to get larger amounts of money at more favorable terms. Many times business owners have a high-priced asset that they don’t want to sell and pay a tax or can’t easily unload within a short-time frame. By borrowing against the luxury asset, they will get the capital to take advantage of a short-term opportunity and make an attractive return quickly without having to worry about finding a buyer or paying taxes on the sale of the asset, he explains.

“I WOULD BE VERY HESITANT TO PUT UP MY WIFE’S DIAMOND RING FOR MY BUSINESS”

Certainly luxury asset-based lending is not for every customer. Not only do you have to have a valuable asset to be used as collateral, but you also have to be willing to part with the item while the loan is outstanding. The risk of default and not getting the item back may also be a barrier for some people.

“I would be very hesitant to put up my wife’s diamond ring for my business. I don’t think it’s typically someone’s first choice,” says Ami Kassar, chief executive and founder of Multifunding LLC, a company in Ambler, Pennsylvania that helps small businesses find the best loan for their business. He remembers considering this option for a client only once in the past several years and the client ultimately chose another funding source.

But companies that focus on luxury asset-based lending say there is a viable market for their services that will continue to grow as more people hear about it and use it successfully to fulfill their funding needs. People have been taking their small items to pawn shops for many years. Working with a licensed lender to leverage their larger and often more expensive items gives them an option they may not have had previously. “You can’t just drive a tractor into a local pawnshop and say, ‘Here just put this in your safe,’” says Ayzenberg of PledgeCap.

Also, unlike pawn shops, luxury asset-based lenders say they aren’t looking to sell the items to make a quick buck and will only sell the item as a last resort if a customer defaults and they can’t reach agreeable terms. “We want them to keep their items,” says Ayzenberg whose company has been in business since 2013. For every 100 loans, there are only a small percentage of customers that default and lose the items, he says.

Every lender runs their business slightly different. At Borro, for example, loans typically range between $20,000 and $10 million and span in time frame from three months to three years. Rates start in the mid-teens and are based on the size of the loan, the time frame and how easy the asset would be to sell. In order to work with Borro, the asset typically has to be worth more than around $40,000, McDermott says.

“YOU CAN’T JUST DRIVE A TRACTOR INTO A LOCAL PAWNSHOP AND SAY, ‘HERE JUST PUT THIS IN YOUR SAFE’”

Borro, which has been in business since 2009, deals with customers directly. But it also gets a good number of referrals from other lenders. Let’s say a customer needs $500,000 and a particular lender can only offer a maximum of $350,000. That lender might refer the client to Borro, which kicks in $150,000 based on the value of a leveraged asset. The referring company gets a commission based on the loan value and doesn’t lose the whole deal. “It’s a way to keep your customers tied in with you,” McDermott says, adding that Borro has no intention of getting into other types of lending. “We complement each other. We don’t compete.”

pawn shopPledgeCap also focuses exclusively on asset-based lending. The company typically funds loans between $1,000 and $5 million. The length of each loan is four months. Customers don’t have to pay every month, though most do. For every month the loan is outstanding customers pay a rate of 3 percent on average. Other fees, payable at the end of the loan, are assessed based on costs PledgeCap incurs and depend on factors such as the cost of insurance, the appraisal fee and the cost of transporting the item to the secure facility.

By contrast, Kalamata Capital, which has been in business since 2013, offers asset-backed loans in connection with several other small business financing options—such as working capital loans, SBA loans, lines of credit, merchant cash advance and invoice factoring—to give customers more flexibility in terms of rates.

In Kalamata’s case, it will evaluate the cash flow and other assets of a small business for financing options. Kalamata then combines both the amount it would lend against an asset and the amount it would lend to the small business, possibly giving the business a lower rate—and more options—in the process.

While it’s not a type of funding that works for everyone, Mandis, the chairman of Kalamata, expects to see continued growth in this area. “I don’t think the loan market for luxury assets is as large as many of the traditional small business finance areas, but it is something that can be helpful to small business owners,” he says.

This article is from AltFinanceDaily’s Nov/Dec magazine issue. To receive copies in print, SUBSCRIBE FREE

Can California Lenders Pay Referral Fees to Unlicensed Brokers?

December 15, 2015

welcome to californiaA new California law is drawing attention to a much-misunderstood issue – whether California Finance Lenders can pay referral fees to unlicensed ISOs. Effective January 1, 2016, the answer is yes, but only for commercial loans with an annual percentage rate of less than 36% where the lender reviews documents to verify the borrower’s ability to repay. These restrictions benefit non-profit lenders making business development loans, and shut out their higher-cost commercial lender competitors from paying referral fees to unlicensed ISOs.

Existing regulations under California’s Finance Lender’s Law (“CFLL”) prohibit paying any compensation to unlicensed persons or companies for “soliciting or accepting applications for loans.” 10 CCR 1451(c). This prohibition does not apply to referrals for merchant cash advances or referrals to banks, which are not subject to the CFLL. A number of not-for-profit CFLL lenders offering business development loans complained that it was unfair that they could not pay referral fees to an unlicensed ISO while their higher-cost competitors, the merchant cash advance companies, could.

California SB 197, supported by Opportunity Fund, California’s largest not-for-profit commercial lender, and the California Association of Micro-Enterprise Organizations, a group of more than 170 organizations, agencies, and individuals dedicated to furthering micro-business development in California, aimed to remedy this perceived problem. According to an information sheet on SB 197 available on the Opportunity Fund’s web site:

Often, merchant advance companies offer less favorable terms to small businesses than commercial lenders; however, small businesses never learn about the commercial lenders that offer more favorable terms, because those lenders cannot compensate entities to refer business to them.

http://www.opportunityfund.org/media/blog/introducing-sb-197-(block)!/ (last accessed on December 9, 2015)

The legislature approved SB 197 and Gov. Jerry Brown signed it last October. Starting on January 1, 2016, a CFLL lender can pay a fee to an unlicensed person in connection with a referral of a prospective borrower if:

  • The referral by the unlicensed person leads to the consummation of a commercial loan (defined as a loan with a principal amount of $5,000 or more the proceeds of which are intended by the borrower for use primarily for other than personal, family or household purposes);
  • The loan contract provides for an annual percentage rate that does not exceed 36%; and
  • Before approving the loan, the lender:
    1. Obtains documentation from the prospective borrower documenting the borrower’s commercial status. Examples of acceptable forms of documentation include, but are not limited to, a seller’s permit, business license, articles of incorporation, income tax returns showing business income, or bank account statements showing business income; and
    2. Performs underwriting and obtains documentation to ensure that the prospective borrower will have sufficient monthly gross revenue with which to repay the loan pursuant to the loan terms. The lender cannot make a loan if it determines through its underwriting that the prospective borrower’s total monthly expenses, including debt service payments on the loan for which the prospective borrower is being considered, will exceed the prospective borrower’s monthly gross revenue. Examples of acceptable forms of documentation for verifying current and projected gross monthly revenue and monthly expenses include, but are not limited to, tax returns, bank statements, merchant financial statements, business plans, business history, and industry-specific knowledge and experience. If the prospective borrower is a sole proprietor or a corporation and the loan will be secured by a personal guarantee provided by the owner, the lender must consider a credit report from at least one consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis.

The licensee must also maintain records of all compensation paid to unlicensed persons in connection with the referral of borrowers for a period of at least 4 years.

SB 197 also provides that a lender that pays compensation for a referral to an unlicensed person is liable for “any misrepresentation made to that borrower in connection with that loan.” It is not clear whether the lender is liable only for misrepresentations made by the unlicensed person who receives compensation for the referral, or if the regulator will interpret this provision more broadly. Further, lenders must provide such prospective borrowers this specific written statement in 10-point font or larger at the time the licensee receives an application for the loan:

You have been referred to us by [Name of Unlicensed Person]. If you are approved for the loan, we may pay a fee to [Name of Unlicensed Person] for the successful referral. [Licensee], and not [Name of Unlicensed Person] is the sole party authorized to offer a loan to you. You should ensure that you understand any loan offer we may extend to you before agreeing to the loan terms. If you wish to report a complaint about this loan transaction, you may contact the Department of Business Oversight at 1-866-ASK-CORP (1-866-275-2677), or file your complaint online at www.dbo.ca.gov.

Lenders must require prospective borrowers to acknowledge receipt of the statement in writing.

SB 197 defines “referral” to mean either the introduction of the borrower and the lender or the delivery to the lender of the borrower’s contact information. The following activities by an unlicensed person are not authorized:

  • Participating in any loan negotiation;
  • Counseling or advising the borrower about a loan;
  • Participating in the preparation of any loan documents, including credit applications;
  • Contacting the lender on behalf of the borrower other than to refer the borrower;
  • Gathering loan documentation from the borrower or delivering the documentation to the lender;
  • Communicating lending decisions or inquiries to the borrower;
  • Participating in establishing any sales literature or marketing materials; and
  • Obtaining the borrower’s signature on documents.

Many for-profit CFLL licensees may find the narrow exemption that permits CFLL licensees making commercial loans to accept referrals from non-licensed entities impractical. The industry may instead choose to focus on the existing prohibition against paying non-licensees for “soliciting or accepting applications for loans” to avoid the limitations on the loan terms.

Brokers: It’s Okay To Be A Piker

November 5, 2015
Article by:

Dream Small?

The Financial Services Industry is famous for coming up with different connotations that are outside of the comprehension level of the general public. Such connotation listings include terms such as: Derivatives, EPS, Diluted EPS, SPO, EBITA, Par Value, among others.

But there’s one word that I wanted to discuss in particular that comes off as a form of “slang” within the Industry, and that’s the word Piker. To be called a piker by someone in our industry, is to be called a person that thinks small, reaches for small goals and doesn’t dream big.

dream smallMASS NEW BROKER ENTRANTS HAVE BIG DREAMS

The Merchant Cash Advance Industry is in a major bubble right now, with a large quantity of new broker entrants into the market all with big dreams inspired by the myriad of industry recruiting ads, highlighting that with little-to-no experience, you can jump in and make $20k a month. The “rah rah” sales motivational speeches soon follow with examples on how one guy is making $25k per month, how another guy just sold his MCA firm and cashed out for $5 million, how another guy made $1 million last year alone, and how YOU can do all of this too if you just come on in and start dialing!

So the big dreamers begin to dream……

  • “This year I’m what Dave Ramsey calls a Whopper Flopper. I hate working in this crappy Burger King drive-thru, it’s time to start making my dreams come true.”
  • “Next year, I will be making $20,000 a month and driving around in a Mercedes-Benz S-Class.”

The guy joins the new rolls of rookie/new broker entrants on web based predictive dialers calling merchants about a “UCC” they filed 3- 12 months ago. He will start out with about 150 merchants to call on Monday about this UCC filing, and by the time he calls those merchants on Monday, they would have already been called by 15 – 30 other companies over the previous two weeks alone.

In other words, they will all slam the telephone down in his face after he literally mentions the fact that he’s calling from any “capital or funding” company, without him even being able to get a word in.

broker dreamingDREAM KILLED (REALITY SETS IN)

The reality is that success in our industry is mainly due to leveraged resources, rather than actual superior “selling” capabilities. What happens is that 20% of the brokers in the market remain profitable and sustain a good career/operations going forward, where as 80% of brokers don’t last more than 3 – 6 months, mainly because the 20% has access to resources that the other 80% don’t have access to, that provides them a significant market competitive advantage. These resources include:

  • Having Strategic Partnerships with Banks, Credit Unions, Processors and Other Associations
  • Having Access To Financing (Debt and Equity) Allowing For A Much Higher Marketing Budget
  • Having Access To Better Base Pricing
  • Having Access To Better Quality Data
  • Having Access To Better SEO Positioning
  • Having Access To Better Marketing Channels

Mr. New Broker, you were hired to be a part of what I call The Mom and Pop Network, which is just a group of random brokers who will resell for free (you pay for all of your expenses). So they might maintain a Mom and Pop Network of 2,000 brokers that bring in on average of 10 applications a year (20,000 apps) with 35% getting approved (7,000) and 30% closing (2,100) with an average funding per client of $30,000. This is $63 million in annual funding volume for the firm from this source alone.

A DIFFERENT APPROACH: THE PIKER APPROACH

So Mr. New Broker, how about instead of following the “rah rah” sales crowd, how about you join me over here on the Piker side and we set some goals on being solidly in the middle class instead?

  • Going based on individual income, you are considered middle class in the US for the most part if from staying in an low/average cost of living area, you make over $40k a year (lower middle class), $50k – $60k a year (the middle of the middle class) or $70k – $85k (higher middle class).
  • $50k – $60k a year in a low cost of living area will still allow you to live in a great quality Suburb, if you strategically manage your expenses with efficient budgeting and tax reduction strategies.
  • You also want to be putting away let’s say $7,500 a year into your retirement/investment accounts. If you do this for 40 years from 25 – 65, with just a conservative 5% per year return, you will have over $1 million at age 65. At 65 you could put that $1 million principal into a long term CD paying let’s say 3% per year, opt to receive the interest every month, and get $30,000 a year. Then when you add in your Social Security payments of let’s say $20,000 a year, this now gives you $50,000 a year in spending power without even touching the $1 million principal.

IMPLEMENTING THE PIKER APPROACH

The first thing you want to do is make sure you stay in a low cost of living area, so if you are in a high cost of living area like NYC or LA, I would move immediately. Secondly, you would setup your virtual office (in the cloud) to include your telephone line, fax line, website, etc. Thirdly, you want to focus on doing market research on various market niche challenges where you can come in and creatively solve outstanding problems, for example, you might do some of the following:

  • Find new solutions for niche industries that don’t qualify for most MCAs, but would like an MCA.
  • Find new solutions for start-up companies seeking working capital.
  • Analyze big data sources to find merchants in particular situations that you could address.

Map out a complete strategic business plan with sales forecast estimates, ROI estimates, and partner with companies that have the infrastructure to help deliver the solutions you laid out. Keep your credit clean and use No Interest Credit Card Promo Deals to creatively finance your marketing efforts.

FINAL WORD – AM I DREAMING TOO SMALL?

Am I dreaming too small? Shouldn’t I be up all night focused on how to be the next CAN Capital?

My issue with the “rah rah” sales speech is that they preach from the TOP of the ladder in terms of the extravagant income estimates ( $250k – $1 million per year), without providing any information to New Brokers on actual strategies, competencies, networks, and resources needed to ACTUALLY amass such levels of annual income. It doesn’t make any sense.

So my advice for all New Brokers is to be a PIKER, which is to establish yourself solidly in the middle class first, then once that’s done, you can look at ways to expand on your competencies, resources and networks to grow into the six figure income range.