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A California real estate broker arranges a loan between a private investor and a borrower, secured by the borrower's primary residence. The interest rate is 14%. Is this loan usurious?

Correct Answer

C) No, because the real estate broker exemption applies to broker-arranged loans secured by real property

The real estate broker exemption under Article XV applies when a licensed real estate broker arranges a loan secured by real property. There is no distinction between residential and commercial property for this exemption, so the 14% rate is permissible.

Answer Options
A
Yes, because loans on primary residences cannot exceed 10%
B
Yes, because the broker exemption only applies to commercial property
C
No, because the real estate broker exemption applies to broker-arranged loans secured by real property
D
No, because all loans secured by a primary residence are exempt from usury

Why This Is the Correct Answer

The real estate broker exemption under Article XV applies when a licensed real estate broker arranges a loan secured by real property. There is no distinction between residential and commercial property for this exemption, so the 14% rate is permissible.

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