In New York State, is it required to file with SEC for private loans from individuals funding your real estate deals?

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A lot of sec attornies will not know this as they focus on syndication law vs real estate law.  Plus they don't make money unless they get you to syndicate.  So they just might not want to tell you.  :P

But a good real estate attorney will know that the answer is no for all states.  You just need to do proper loan docs and you will be set.

Along with the above, you must record the mortgage for the loan aganist the property or else if you go bad on the loan, they can sue you under sec laws.

When you raise or pitch the opportunity to lend, you must follow SEC rules and regulations. 

But as for paperwork and what not, its not base on SEC Syndication laws.  This is a huge loopwhole to the system that a lot of people don't know.


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