State reference
Does a hard money lender need a licence in New York?
Licensing is not the pressing question in New York. Usury is.
NEW YORK
Not established here - verify
We have not verified a business-purpose licensing requirement for this state, and we are not going to tell you there isn't one on that basis. Consumer- purpose lending is licensed essentially everywhere; business-purpose lending against investment property is exempt in many states but not all. Check with the regulator named below.
New York's interest-rate limits are among the tightest in the country and carry real teeth: civil usury at 16% and criminal usury at 25%. Exemptions turn on the borrower being an entity and the loan being genuinely business purpose.
This matters more than it looks on a short hard money loan. Rate plus points plus fees, annualised over a six-month hold, crosses those thresholds easily - the points-to-APR converter will show you how easily. Whether the effective rate or the note rate governs is a question for a New York attorney, and it is worth asking before you sign rather than after.
Who supervises this in New York
New York State Department of Financial Services (DFS). Regulator names change; the CSBS directory is the authoritative list, and NMLS Consumer Access is where you check a specific company.
The exact question to ask
Regulators answer this for free, and a narrow question gets a useful answer where a broad one does not. Send or say this:
For a business-purpose loan to an LLC secured by investment property in New York, how do the civil and criminal usury limits apply, and are points and fees included?
Ask the New York State Department of Financial Services (DFS)
Checking a lender operating in New York
- Search the entity on NMLS Consumer Access. In New York a lender claiming to be licensed who is not listed has answered your question.
- Confirm the entity is registered and in good standing with the New York Secretary of State.
- Search the county recorder's grantee index where the property sits, for liens they have actually recorded. Free, public, and the most under-used check available.
- Ask the regulator the question above.
- Never send money anywhere except a licensed title or escrow company — see advance-fee loan scams.
Questions people actually ask
Do you need a license to be a hard money lender?
It depends entirely on the state and on the purpose of the loan, and this is one of the most commonly misstated facts in the whole vertical. Broadly: business-purpose loans secured by investment property are exempt from most consumer mortgage licensing in many states, while several states license this activity regardless of purpose, and a loan secured by a borrower's own home is a different regulatory animal almost everywhere.
We are not going to publish a fifty-state answer we have not verified state by state - that research is underway and will be published with citations. In the meantime, the reliable move is to check the specific entity on NMLS Consumer Access and ask the state regulator directly. Here is how.
What are the requirements for a hard money lender?
As a matter of law, whatever the state where the property sits requires - which varies from nothing beyond ordinary business registration to full mortgage lender licensing with bonding and examination. As a matter of practice, a legitimate lender will have a registered entity, a real address, named principals, a track record you can verify, and no objection to you checking any of it.
Which states require a license for commercial lending?
Commercial and business-purpose lending licensing is genuinely inconsistent across states, and the answer also turns on whether the loan is secured by a dwelling, who the borrower is, and whether a broker is involved. Rather than guess, verify the entity on NMLS and contact the state regulator - our state regulators guide shows the process.