Community/Predatory lending accusations — how do you protect yourself?
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Nate Hoffmanbroker
Mar 23, 2026 at 8:00 AM
Predatory lending accusations — how do you protect yourself?
I had a borrower threaten to report me for "predatory lending" after their deal went sideways (not my fault — they couldn't execute the business plan). I know I did nothing wrong but it scared me. What documentation and practices do you have in place to protect yourself from these kinds of accusations?
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Marcus WebbbrokerMar 23, 2026 at 10:00 AM
Nate, this is a real risk and documentation is your best defense. Here's what I keep for every deal:
1. Signed broker fee agreement with clear disclosure of all fees
2. Written loan summary showing the borrower I explained the terms
3. Email chain showing all communications (never delete)
4. Signed acknowledgment that the borrower understood the rate, term, and exit strategy
5. Notes from every borrower conversation (I use Otter.ai to transcribe calls)
The "predatory lending" accusation usually falls apart when you can show a paper trail of informed consent. The borrower signed, acknowledged, and proceeded with full knowledge of the terms.
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Nate HoffmanbrokerMar 23, 2026 at 11:00 AM
Marcus — this is exactly what I needed. I have some of this but not all. Going to build out my documentation checklist this week.
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Pete GallagherbrokerMar 23, 2026 at 12:00 PM
E&O insurance. Make sure you have it and make sure it covers this type of claim. If you don't have E&O, get it before you do another deal.
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Nate HoffmanbrokerMar 23, 2026 at 1:00 PM
Pete — I have E&O but I'm not sure of the coverage details. Calling my insurance broker today.
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Irene BookerbrokerMar 23, 2026 at 2:00 PM
Borrowers who threaten legal action when their own business plan fails are the worst. Document everything and don't lose sleep over it if you did the job right.