50-State Lender-Licensing Matrix

For 5+ unit / pure commercial property: capture a Commercial Mortgage Banker or Commercial Mortgage Broker license number (A.R.S. §§ 6-971 et seq., which by § 6-971 statutorily applies to property other than residential dwellings of 1–4 units). For 1–4 family non-owner-occupied investment property: capture a Mortgage Banker license (A.R.S. § 6-941) or Mortgage Broker license (A.R.S. § 6-901), or a written exemption citation. Self-attested “business-purpose” is insufficient. [verified 2026-05-11]

Capture one of: CFL license (Cal. Fin. Code § 22050(a)); DRE Broker license (Bus. & Prof. Code § 10131(d)) with multi-lender disclosures (§§ 10237–10238); or the one-loan exemption with quarterly loan-count refresh. CFDL overlay and Civ. Code § 1632 translated-document trigger should be flagged at listing.

Connecticut Small Loan Act, Conn. Gen. Stat. § 36a-555 et seq., covers loans ≤ $15,000. Business-purpose carve-out is statutorily narrower than TILA; treat any CT loan ≤ $15,000 as requiring a license attestation. Above $15,000, capture exemption citation.

DC Money Lender License Act, D.C. Code § 26-901 et seq., is broad and historically read to cover business-purpose lending. Capture an active DC Money Lender License number or a written exemption citation. Civil usury 24% (§ 28-3301) is a server-side hard stop; criminal usury under § 22-3304 is felony-grade. [VERIFY current cap and exemption scope.]

Fla. Stat. § 494.001(25) defines “residential mortgage loan” as a loan primarily for personal, family, or household use secured by a dwelling, and Ch. 494 defines “business purpose loan” separately (with reference to 12 C.F.R. § 1026.3(a)). The Act expressly excludes loans on commercial real property and loans on 5+ unit improved real property where the borrower is an individual or the lender is a noninstitutional investor. However, § 494.0029 prohibits misrepresenting a residential mortgage loan as a business-purpose loan, and OFR has historically scrutinized 1–4 family residential loans where occupancy / purpose facts are mixed. Listing must capture either (a) an active OFR Mortgage Lender / Broker license number, or (b) a deal-specific 12 C.F.R. § 1026.3(a) business-purpose attestation plus non-owner-occupied entity-Borrower confirmation, or (c) a property-type attestation that the property is 5+ unit residential or pure commercial. Florida CFDL (Fla. Stat. §§ 559.961–559.9615) does not apply because real-estate-secured transactions are exempt under § 559.9612. [verified 2026-05-11]

Capture either a GRMA license (O.C.G.A. § 7-1-1000, as amended 2024 Ga. Laws 701 / 474) or a written exemption citation under O.C.G.A. § 7-1-1001 — the only realistic private-Lender exemption is the “natural person making a mortgage loan with his or her own funds for his or her own investment” path at § 7-1-1001(a)(2)/(3) (no numeric loan-count cap in statute, but GA DBF reads narrowly to exclude lenders “holding themselves out” as in the business of mortgage lending). Server-side enforce an effective-rate ceiling below the O.C.G.A. § 7-4-18 60%/yr criminal cap, including all origination/exit fees in the APR. [verified 2026-05-11]

Mortgage Loan Originators Act HRS Ch. 454F is residential and consumer-focused. The Hardline-specific trap is leasehold structure prevalence and condominium AOAO super-priority lien dynamics. Capture an attestation that the security interest is fee simple or, if leasehold, that the ground lease has been reviewed for lender-friendly cure and assignment terms.

Kansas UCCC K.S.A. 16a covers certain commercial transactions notwithstanding the consumer label. Mortgage Business Act K.S.A. § 9-2201 carves out narrow exemptions. Capture either a KS Mortgage Company license or an exemption citation. [VERIFY recent OSBC interpretive letters.]

La. R.S. § 6:1081 et seq. covers residential mortgage activity; commercial entity-borrower business-purpose typically outside. Capture an attestation that loan is to a business-purpose entity Borrower and security is non-owner-occupied. Foreclosure runs through executory process / ordinary proceedings — ensure the Note contains the requisite confession-of-judgment language for executory process.

Capture either a Maine Supervised Lender License (9-A MRSA § 2-301) or an exemption citation. ME foreclosure is judicial-only with a meaningful right of redemption; flag in Lender Disclosures the timeline implications.

M.G.L. c. 255E small-loan/mortgage-broker license required absent exemption. Criminal usury M.G.L. c. 271 § 49 caps interest at 20%/yr with a written notice requirement to the AG for higher rates; failure-to-notify is a per-se criminal violation. Server-side enforce 20% absent verified notice filing.

Minn. Stat. § 58 residential coverage is broader than TILA. Capture either an MN Residential Mortgage Originator license or a documented business-purpose entity-borrower exemption citation. [VERIFY 2024 amendments to § 58.04.]

Mont. Code § 32-9 has historically been read to cover entities making more than one loan per year, regardless of business purpose. Capture either an MT license number or a one-loan exemption with rolling-12-month refresh.

NRS Ch. 645B / 645E now expressly cover commercial mortgage activity (NRS 645B.01043 cross-references NRS 645E.030’s “commercial mortgage loan” definition). NRS Ch. 675 (“in the business of lending money”) is a separate overlay — NV FID has read this broadly. Capture either a Ch. 645B/E mortgage company license OR a Ch. 675 installment-loan license, OR a one-loan-per-year exemption attestation with rolling refresh. [verified 2026-05-11]

N.C.G.S. Ch. 53 Art. 19B (the NC SAFE Act, §§ 53-244.010 et seq.) does not contain a clean business-purpose carve-out parallel to TILA. The § 53-244.040(d) exemptions are narrow: registered MLOs, individual making a residential mortgage loan to an immediate family member, individual seller financing the dwelling that served as their residence, attorneys representing a client in negotiation, and § 53-244.030(29) categorical exemptees on notice filing. Capture an explicit exemption citation under § 53-244.040 or an active NC SAFE Act license. Business-purpose loans of $25,000+ are usury-exempt under N.C.G.S. § 24-9. NCCOB has been aggressive on out-of-state private lenders. [verified 2026-05-11]

ORS Ch. 86A residential is narrow but ORS Ch. 725 consumer-finance license has historically been read to reach some commercial transactions. Capture either a Ch. 725 license or an explicit commercial-borrower exemption attestation. OCPA biometric notice/consent applies at intake.

Act 6 (41 P.S. § 101 et seq.), as amended by Act 57 of 2008, applies to PA 1–2 family residential mortgages whose principal is at or below the current “Base Figure.” The Base Figure was originally $50,000; Act 57 of 2008 reset it to $217,873 with annual CPI indexing published in the Pennsylvania Bulletin. Published values: 2022 $278,204; 2023 $301,022; 2024 $312,159; 2025 $319,777. (2026 to be published.) Act 6 imposes a 6% rate cap, Act 91 / Act 6 pre-foreclosure notices, and attorney-fee restrictions, regardless of consumer or business purpose. Refuse to list any PA 1–2 family loan at or below the current published Base Figure absent an explicit Act 6 compliance attestation. [verified 2026-05-11]

R.I. Gen. Laws § 19-14 covers persons “engaged in the business of making loans” broadly. Capture either an RI Licensed Lender certificate or a one-loan exemption attestation. RIDTPPA biometric notice at intake.

T.C.A. § 45-5-101 et seq. (Industrial Loan and Thrift Companies Act, amended effective July 1, 2025 to set 36%/yr closed-end interest cap for loans of $100+) covers persons “in the business of making loans.” The § 45-5-104 exemption list is limited to enumerated regulated entities (banks, S&Ls, credit unions, insurance companies, persons subject to other state/federal agency supervision, licensed pawnbrokers). TDFI has read ≥ 3 loans/year as in the business of. Capture either a TN ILT registration or a documented loan-count attestation. Criminal usury T.C.A. § 47-14-112 enforceable (Class A misdemeanor; Class E felony at > 2× cap). [verified 2026-05-11]

Texas Constitution Art. XVI § 50 voids non-purchase-money business-purpose loans on a homestead. Entity Borrower does not defeat homestead. Capture a sworn non-homestead affidavit from the Borrower and any natural-person guarantor on every TX deal. No exception path. Texas Finance Code Ch. 342 Subchapter F (Regulated Lender Installment Loans) regulates only consumer-purpose lending and does not reach business-purpose entity loans. CUBI applies to the Stripe Identity flow; AG-only enforcement is the limiting factor. [verified 2026-05-11]

8 V.S.A. § 2200 covers persons in the business of lending broadly. Capture either a Vermont Licensed Lender certificate or a one-loan exemption attestation. Foreclosure is judicial-only; flag timeline in Lender Disclosures.

RCW 31.04 has been read broadly to reach loans to WA residents. Capture either a CLA license number or a documented commercial entity-borrower exemption. RCW 19.375 biometric statute is AG-only; My Health My Data Act is narrow but expansive on health-adjacent data. Stripe Identity flow should not collect any health-adjacent biometric data.

WV Residential Mortgage Lender Act W. Va. Code § 31-17 covers consumer; the Consumer Credit Act § 46A has been read to reach some commercial transactions. Capture either a WV mortgage license or an explicit commercial entity-borrower exemption attestation.

Arkansas Constitution Amend. 89 § 3 caps interest at 17% on any loan with no business-purpose carve-out, applied as a strict ceiling on the contract rate. The cap is criminally enforceable under Ark. Code § 5-37-205 (usury — loss of all principal and interest). Combined with fees, points, and default-rate provisions common in private bridge lending, the practical effective ceiling is significantly below 17%. The combination of a low cap, lack of business-purpose carve-out, and criminal enforcement makes AR untenable for v1 absent counsel review of specific rate structures.

Biometric Information Privacy Act, 740 ILCS 14 et seq., is the central blocker. BIPA imposes $1,000 per negligent violation and $5,000 per intentional/reckless violation with a private right of action. The Illinois Supreme Court’s decisions in Rosenbach v. Six Flags, 2019 IL 123186 and Cothron v. White Castle, 2023 IL 128004 establish that aggrieved-status accrues at each violation and that statutory damages are recoverable without actual injury. Stripe Identity’s selfie-to-document match arguably collects a “biometric identifier” (scan of face geometry). Even with Stripe’s BIPA controls, the Hardline-side risk surface includes (a) any biometric-derived audit-trail artifact stored under Hardline’s control, (b) consent-flow notice text, and (c) retention schedule. Until Hardline (i) implements an IL-specific Stripe Identity consent flow with written release, retention schedule, and destruction policy, (ii) confirms no biometric template is stored or accessible under Hardline’s control, and (iii) has counsel sign off on the consent text, IL is RED.

Independently, IL has the Residential Mortgage License Act, 205 ILCS 635, and the Consumer Installment Loan Act, 205 ILCS 670. Business-purpose entity-borrower loans on non-owner-occupied real property are typically outside these acts, but IDFPR has historically been more aggressive than peers. BIPA is the binding constraint.

Maryland Consumer Loan Law, Md. Code Com. Law § 12-301 et seq., has been read broadly by the Office of the Commissioner of Financial Regulation. Multiple Maryland courts have applied consumer-loan-law analysis to small-balance commercial transactions on a substance-over-form basis. Maryland also has a criminal-usury overlay at Md. Code Com. Law § 12-115. Combined with the Commissioner’s historically aggressive enforcement posture, MD requires counsel-specific guidance on the entity-borrower / business-purpose presentation before listing.

New Jersey Consumer Finance Licensing Act, N.J.S.A. § 17:11C-51 et seq., requires a Consumer Lender or Sales Finance Company license for persons making loans of $50,000 or less. New Jersey separately has the Residential Mortgage Lending Act, N.J.S.A. § 17:11C-51 et seq., and the Department of Banking and Insurance has been one of the most aggressive state regulators in the country on out-of-state private lenders. NJ criminal usury is 50% under N.J.S.A. § 2C:21-19 (criminal usury) and a 30% civil cap exists under N.J.S.A. § 31:1-1 for individual obligors (the corporate-borrower exemption N.J.S.A. § 31:1-6 helps but does not defeat DOBI’s licensing reach). RED until counsel sign-off on a documented NJ exemption pathway.

The New York Court of Appeals held in Adar Bays, LLC v. GeneSYS ID, Inc., 37 N.Y.3d 320, 179 N.E.3d 612 (2021) that the 25% criminal usury cap in N.Y. Penal Law § 190.40 applies to corporate borrowers (overruling prior intermediate-appellate authority) and that a usurious loan is void from inception — not voidable, not subject to refund-the-excess remedies. The civil consequence is forfeiture of both principal andinterest. Combined with (a) DFS’s licensure scheme under N.Y. Banking Law §§ 340–590-a (Licensed Lender and Mortgage Banker / Mortgage Broker regimes), and (b) New York’s aggressive enforcement of the Commercial Finance Disclosure Law (CFDL), NY is RED until Hardline has counsel-approved (i) a corporate-borrower CFDL-compliant disclosure suite and (ii) hard server-side enforcement of the 24% civil / 25% criminal caps on effective rate including fees. The Hardline calculation must include all points, origination fees, and any default-rate or late-fee components that an NY court might characterize as interest.

Licensing. Alabama Consumer Credit Act, Ala. Code § 5-19-1 et seq., is consumer-only. The Alabama Mortgage Brokers Licensing Act, Ala. Code § 5-25-1 et seq., covers residential mortgage activity. No separate AL commercial-lender license required for an entity-borrower business-purpose loan on non-owner-occupied real property. Biometric. No dedicated biometric statute; no comprehensive privacy law. Usury. Default 8% civil; business loans > $2,000 contract-rate under Ala. Code § 8-8-5 (corporation exception); no criminal cap. Foreclosure. Non-judicial (power of sale). Trap.Ala. Code § 35-10-9 statute of limitations on foreclosure is short; verify enforcement timing on stale liens. [VERIFY current language of § 8-8-5(a) corporate exception.]

Licensing. Alaska Small Loans Act, AS 06.20.010 et seq., covers consumer small loans. The Alaska Secure and Fair Enforcement for Mortgage Licensing Act, AS 06.60.010 et seq., covers residential mortgage activity. No general business-lender license. Entity-borrower business-purpose loans on non-owner-occupied AK real property are outside scope. Biometric. None dedicated; no comprehensive privacy law. Usury. AS 45.45.010: legal rate 10.5%, contract rate up to 5 points above 12th FRD discount rate or 5%, whichever greater; commercial loans > $25,000 contract-rate. No criminal usury statute. Foreclosure. Non-judicial (deed of trust) and judicial both available; non-judicial predominates. Trap.Alaska Native Claims Settlement Act lands — verify property is not subject to ANCSA-corporation restrictions on alienation before listing.

Licensing. See deep dive at /legal/state-licensing § 3. Arizona’s scheme splits by property class: A.R.S. § 6-971 statutorily defines “commercial property” as real property other than residential dwellings of 1–4 units, so the Commercial Mortgage Banker / Broker license at A.R.S. §§ 6-971–6-988 covers 5+ unit / pure commercial. 1–4 family non-owner-occupied investment property falls under the Mortgage Banker (A.R.S. § 6-941 et seq.) or Mortgage Broker (A.R.S. § 6-901 et seq.) regime. Business-purpose alone is not an exemption. Biometric. None dedicated; no comprehensive privacy law. Usury. Default 10% where no contract rate; parties may contract any rate in writing on business-purpose loans (A.R.S. § 44-1201); no criminal usury. Foreclosure. Both, non-judicial predominates via deed of trust; anti-deficiency under A.R.S. § 33-814(G) restricts deficiency on 1–4 family ≤ 2.5 acres single-family residence on a purchase-money loan (carve-out for business-purpose). Trap.A.R.S. § 33-814(G) anti-deficiency runs to "trust property" — verify business-purpose carve-out applies to specific deal structure. [verified 2026-05-11]

Licensing. Arkansas Fair Mortgage Lending Act, Ark. Code § 23-39-501 et seq., covers residential mortgage activity. The Arkansas Money Services Act and the Check-Casher Act do not reach business-purpose real-estate lending. No separate commercial-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. The blocking constraint: Ark. Const. Amend. 89 § 3 caps interest at 17% on any loan, with no business-purpose carve-out. Excess interest results in forfeiture of all interest, and willful violations are criminal under Ark. Code § 5-37-205 (Class A misdemeanor, with felony exposure at higher rates). Foreclosure. Both, statutory non-judicial available under Ark. Code § 18-50-101 et seq. Trap. The 17% constitutional cap is the binding constraint. Origination/exit fees, points, and default-rate provisions can push the effective rate well above 17% on a short-duration bridge loan. RED until counsel reviews specific Hardline rate structures for AR compatibility.

See deep dive at /legal/state-licensing § 2. Licensing. CFL Cal. Fin. Code §§ 22000 et seq., DRE Real Estate Law Bus. & Prof. Code § 10131(d), with the one-loan-per-12-months exemption at § 22050(a) as the only no-license path. Biometric. CCPA/CPRA treats biometric information as sensitive personal information; no separate private right of action for biometric-only violations. AB 1391 / SB 362 (Delete Act) implications for biometric verification flows [VERIFY scope]. Usury. Cal. Const. Art. XV § 1: 10% consumer, greater of 10% or 5% above SF Fed discount rate for non-consumer; broker- or licensee-arranged exemption is the standard hard-money path; no criminal usury. Foreclosure. Both, non-judicial predominates under Cal. Civ. Code §§ 2924 et seq.; one-action rule (Cal. Code Civ. Proc. § 726). Trap.One-action rule and anti-deficiency on purchase-money — verify the loan is properly structured as refinance / non-purchase-money to preserve deficiency rights. CFDL (Cal. Fin. Code §§ 22800–22805) overlay on commercial-finance disclosures.

See deep dive at /legal/state-licensing § 5. Licensing. Mortgage company / MLO licensure keyed to "residential mortgage loans" on a principal residence under C.R.S. § 12-10-701 et seq. Non-owner-occupied investment property to an entity Borrower outside scope. No separate Colorado commercial-lender license. Biometric. Colorado Privacy Act, C.R.S. § 6-1-1301 et seq., treats biometric data as sensitive; opt-in consent required for processing; no PRA. Usury. Default 8%; parties may contract any rate in writing on business-purpose loans under C.R.S. § 5-12-103; no criminal usury for business loans. DIDMCA opt-out at C.R.S. § 5-13-106 effective 2024-07-01 primarily affects consumer credit and out-of-state bank "exportation"; verify business-purpose carve-out. Foreclosure. Non-judicial via public trustee under C.R.S. §§ 38-38-101 et seq. (a unique CO model). Trap. Public-trustee foreclosure timeline and Rule 120 motion practice are CO-specific and unfamiliar to out-of-state lenders. [verified 2026-05-11]

Licensing. Connecticut Small Loan Act, Conn. Gen. Stat. § 36a-555 et seq., covers loans ≤ $15,000; the Mortgage Lender, Correspondent Lender, Broker license under Conn. Gen. Stat. § 36a-485 et seq. covers residential mortgage activity. Conn. Gen. Stat. § 36a-555 has historically been read to reach some business-purpose lending. Biometric. Connecticut Data Privacy Act, P.A. 22-15 (Conn. Gen. Stat. § 42-515 et seq.), effective July 1, 2023, treats biometric data as sensitive; opt-in consent required; AG enforcement only. Usury. Conn. Gen. Stat. § 37-4: 12% civil cap, with broad exception for business-purpose loans > $10,000 under § 37-9; criminal usury § 36a-573 at 12% on small loans absent license. Foreclosure. Judicial-only; strict-foreclosure mechanism (a CT-specific procedure where court vests title in lender without sale). Trap.Strict foreclosure mechanics and the small-loan threshold; refuse to list any CT loan ≤ $15,000 absent license attestation.

Licensing. Delaware Licensed Lender Act, 5 Del. C. § 2201 et seq., covers persons engaged in the business of lending money. 5 Del. C. § 2210 exempts loans secured by a first mortgage on Delaware real property where the principal exceeds $100,000 and certain other categories. Entity-borrower business-purpose loans on DE non-owner-occupied real property generally outside scope. Biometric. Delaware Personal Data Privacy Act, effective Jan. 1, 2025, treats biometric data as sensitive; opt-in consent required; AG enforcement only. Usury. 6 Del. C. § 2301: 5% above FRB discount rate civil, but business loans ≥ $100,000 are contract-rate under § 2301(c); no criminal usury for business loans. Foreclosure. Judicial only (scire facias sur mortgage). Trap.Scire facias procedure is DE-specific and slow; LLC Holding Company popularity means many DE Borrowers are out-of-state controlled — verify long-arm jurisdiction in note/mortgage.

Licensing. DC Money Lender License Act, D.C. Code § 26-901 et seq., requires a license to make loans of any kind in DC. The Act is broad and has historically been read to cover business-purpose lending. The Mortgage Lender and Broker Act, D.C. Code § 26-1101 et seq., covers residential mortgage activity additionally. Capture an active DC Money Lender License number or a written exemption citation. Biometric. No comprehensive privacy law; biometric not separately regulated. Usury. D.C. Code § 28-3301: 24% civil cap; criminal usury under D.C. Code § 22-3304: knowingly charging interest above the maximum legal rate is a felony. Foreclosure. Both, non-judicial predominates via deed of trust; D.C. Code § 42-815 governs non-judicial foreclosure. Trap.The 24% civil cap is a hard server-side limit; criminal exposure under § 22-3304 makes effective-rate validation including all fees mandatory. [VERIFY current Money Lender License exemption scope.]

See deep dive at /legal/state-licensing § 9. Licensing. Florida Mortgage Brokerage and Lending Act, Fla. Stat. Ch. 494, defines “residential mortgage loan” (§ 494.001(25)) as a loan primarily for personal, family, or household use secured by a dwelling, and separately defines “business purpose loan” with reference to 12 C.F.R. § 1026.3(a); loans on commercial real property and 5+ unit residential are excluded from Ch. 494 by definition. However, § 494.0029 prohibits misrepresenting a residential mortgage loan as a business-purpose loan, and OFR has historically scrutinized 1–4 family transactions where the occupant / Borrower facts are mixed. Florida CFDL (§§ 559.961–559.9615) does not apply to real-estate-secured commercial financing. Biometric. Florida Digital Bill of Rights, Fla. Stat. § 501.701 et seq., applies only to very large controllers (>$1B gross revenue); Hardline likely outside scope but verify on growth. Usury. Fla. Stat. § 687.02: 18% civil on loans up to $500,000, 25% on loans of $500,000+; criminal usury Fla. Stat. § 687.071: 25–45% misdemeanor, > 45% third-degree felony. Foreclosure. Judicial only under Fla. Stat. Ch. 702; lis pendens and "show cause" hearing common; long timeline (median ~700 days). Trap.Require either (a) an active OFR Mortgage Lender license number, or (b) a deal-specific 12 C.F.R. § 1026.3(a) business-purpose attestation plus non-owner-occupied entity-Borrower confirmation, on every FL 1–4 family listing. [verified 2026-05-11]

See deep dive at /legal/state-licensing § 6. Licensing. Georgia Residential Mortgage Act, O.C.G.A. §§ 7-1-1000 et seq. (as amended 2024 Ga. Laws 701 / 474, eff. 7/1/2024), covers residential mortgage loans on 1–4 family GA dwellings; no clean business-purpose carve-out. Only realistic private-Lender exemption is O.C.G.A. § 7-1-1001(a)(2)/(3) (natural person making mortgage loan with own funds for own investment), read narrowly by GA DBF. Biometric. None dedicated; no comprehensive privacy law. Usury. Civil: 7% on loans < $3,000; no cap on written contracts ≥ $3,000. Criminal: O.C.G.A. § 7-4-18 felony to charge > 5%/month or 60%/year simple interest, regardless of purpose — including origination and exit fees in the APR. Foreclosure. Non-judicial under O.C.G.A. § 44-14-162; standard 30-day notice and Tuesday-after-first-Monday sale at courthouse steps. Trap.60% criminal cap is the binding constraint — server-side enforce effective rate (including all fees) below 60% on every GA deal. [verified 2026-05-11]

Licensing. Hawaii Mortgage Loan Originators Act, HRS Ch. 454F, covers residential mortgage loan originator activity; consumer-focused. Hawaii Money Transmitters Act HRS Ch. 489D is not applicable. No separate HI commercial-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. HRS § 478-2: 24% on loans ≤ $250,000; commercial loans (corporate borrower) parties may contract rate without limit under HRS § 478-8(d); no criminal usury. Foreclosure. Both; non-judicial (power of sale) under HRS § 667-21 et seq. predominates but has been subject to recent restrictive amendments. Trap.Leasehold-property prevalence and the "fee/leasehold" distinction matter for foreclosure mechanics; condominium AOAO super-priority lien (HRS § 514B-146) can prime first mortgage. Capture an attestation that the security interest is fee simple or, if leasehold, that the ground lease has been reviewed.

Licensing. Idaho Residential Mortgage Practices Act, I.C. § 26-3101 et seq., covers residential mortgage loans; consumer-focused. Idaho Credit Code I.C. § 28-41-101 et seq. is consumer-only. No general business-lender license required for entity-borrower business-purpose loans on ID non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. I.C. § 28-22-104: 12% absent agreement; parties may contract for any rate in writing under § 28-42-201 (business and commercial loans); no criminal usury statute for business loans. Foreclosure. Both, non-judicial predominates via deed of trust under I.C. § 45-1501 et seq. Trap.Idaho has a one-year right of redemption on judicial foreclosures (I.C. § 11-402); confirm deed-of-trust path to avoid.

See § 5 above. Licensing. Residential Mortgage License Act, 205 ILCS 635, and Consumer Installment Loan Act, 205 ILCS 670, are consumer-focused. Business-purpose entity-borrower loans on non-owner-occupied IL real property are typically outside, but IDFPR has been historically aggressive. Biometric. BIPA, 740 ILCS 14 et seq., is the binding constraint — $1,000/$5,000 statutory damages with private right of action. Usury. 815 ILCS 205/4: 9% on written contracts up to $25,000; broad business-purpose exception for entity borrowers under § 4(1)(a); no criminal usury. Foreclosure. Judicial only under 735 ILCS 5/15-1101 et seq.; long timeline (mediation requirements, redemption period). Trap. BIPA on the Stripe Identity selfie-match flow. RED until Hardline has counsel-approved IL-specific Stripe Identity consent flow, retention schedule, destruction policy, and confirmed BIPA-compliant biometric handling.

See deep dive at /legal/state-licensing § 12. Licensing. Indiana UCCC, Ind. Code Title 24 Art. 4.5, covers consumer loans only. First Lien Mortgage Lending Act, Ind. Code Art. 24-4.4, § 24-4.4-1-202 expressly exempts “extensions of credit primarily for a business, commercial, or agricultural purpose”. No separate IN commercial-lender license. Biometric. Indiana Consumer Data Protection Act, Ind. Code § 24-15, effective Jan. 1, 2026, treats biometric data as sensitive; opt-in consent required; AG enforcement only. Usury. No general civil usury cap on commercial business-purpose loans. Foreclosure. Judicial only under Ind. Code § 32-30-10; three-month sheriff-sale delay statutory. Trap.Ind. Code § 35-45-7-2 criminal loansharking caps rate at 2× the IC 24-4.5-3-508(2)(a)(i) supervised-loan rate (currently ~72%/yr); statute originally aimed at organized-crime lending but textually reaches written commercial contracts. [verified 2026-05-11]

Licensing. Iowa Consumer Credit Code, Iowa Code Ch. 537, is consumer-only. Mortgage Banker license under Iowa Code Ch. 535B covers residential mortgage activity; consumer-focused. No general business-lender license for entity-borrower business-purpose loans on IA non-owner-occupied real property. Biometric. Iowa Consumer Data Protection Act, Iowa Code Ch. 715D, effective Jan. 1, 2025, treats biometric data as sensitive; opt-in consent required; AG enforcement only. Usury. Iowa Code § 535.2: maximum rate set quarterly by Treasurer (typically 2 points above 10-year T-bond yield) on consumer; business loans to a non-natural-person borrower are contract-rate under § 535.2(2)(a)(5); no criminal usury for business loans. Foreclosure. Judicial primarily under Iowa Code Ch. 654; non-judicial available for waiver under § 654.18 (used sparingly). Trap.Statutory right of redemption (one year) on judicial foreclosure under Iowa Code § 628.3 unless waived properly; verify waiver mechanism in note and mortgage.

Licensing. Kansas UCCC, K.S.A. 16a-1-101 et seq., covers some commercial transactions notwithstanding the consumer label (“consumer” is defined more broadly than TILA in KS). Kansas Mortgage Business Act, K.S.A. § 9-2201 et seq., covers residential mortgage activity. Narrow exemptions. Biometric. None dedicated; no comprehensive privacy law. Usury. K.S.A. § 16-207: 15% civil on consumer/closed-end credit; business loans to a corporation or LLC under § 16-207(b) parties may contract any rate; no criminal usury. Foreclosure. Judicial only under K.S.A. § 60-2410 et seq.; redemption period 3–12 months depending on equity. Trap.KS UCCC’s "consumer" definition can reach some entity-borrower loans on facts; OSBC has issued interpretive letters. Capture either a KS Mortgage Company license or an explicit exemption citation. [VERIFY recent OSBC bulletins.]

Licensing. KRS Ch. 286.8 covers residential mortgage loan companies and brokers; consumer-focused. KRS Ch. 286.4 consumer-loan licensing is consumer-only. No general business-lender license for entity-borrower business-purpose loans on KY non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. KRS § 360.010: 19% on consumer; parties may contract for any rate on business loans to a corporation, partnership, or LLC under § 360.025; no criminal usury for business loans. Foreclosure. Judicial only under KRS Ch. 426 (Master Commissioner sale); long timeline. Trap.KRS § 360.025(2) requires the loan documents to identify the corporate-borrower exemption — ensure note/mortgage recite the business-loan election to preserve the exemption.

Licensing. Louisiana Residential Mortgage Lending Act, La. R.S. § 6:1081 et seq., covers residential mortgage activity. Commercial entity-borrower business-purpose typically outside. Louisiana Consumer Credit Law, La. R.S. § 9:3510 et seq., is consumer-only. Biometric. None dedicated; no comprehensive privacy law. Usury. La. R.S. § 9:3500: 12% on loans to natural persons absent agreement; commercial loans to entity borrowers parties may contract any rate under La. R.S. § 9:3509; no criminal usury for business loans. Foreclosure. Both; executory process under La. C.C.P. Art. 2631 et seq. (rapid, on the Note’s confession of judgment) and ordinary process. Trap.Civil Code system — foreclosure mechanics differ from common-law states; the Note must contain confession of judgment / waiver of citation for executory process. La. R.S. § 9:5363 vendor’s privilege on purchase-money has special priority rules. Cross-collateralization mechanics differ.

Licensing. Maine Consumer Credit Code, 9-A MRSA § 1-101 et seq.; Supervised Lender license under 9-A MRSA § 2-301 covers persons making supervised loans (broad). Mortgage Loan Originator license under 9-A MRSA § 13-101 et seq. covers residential. Biometric. None dedicated; no comprehensive privacy law. Usury. 9-B MRSA § 432: depends on category; business-purpose loans to a corporation or LLC parties may contract for any rate under 9-A MRSA § 2-401(7); no criminal usury for business loans. Foreclosure. Judicial only under 14 MRSA § 6321 et seq.; meaningful 90-day redemption period after sale. Trap.Capture either a Supervised Lender license or an exemption attestation. Judicial-only foreclosure plus redemption period means long timelines — flag in Lender Disclosures.

Licensing. Maryland Consumer Loan Law, Md. Code Com. Law § 12-301 et seq., has been read broadly by the Commissioner of Financial Regulation. Multiple MD courts have applied consumer-loan-law analysis to small-balance commercial transactions on a substance-over-form basis. Maryland Mortgage Lender Law, Md. Code Fin. Inst. § 11-501 et seq., covers residential mortgage activity. Biometric. Maryland Online Data Privacy Act, Ch. 454/455 of 2024 (effective Oct. 1, 2025), treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. Md. Code Com. Law § 12-103: 24% on most loans; criminal usury Md. Code Com. Law § 12-115 misdemeanor for willful violation. Foreclosure. Both; non-judicial via assent-to-decree common; long timeline by national standards. Trap. Commissioner’s historically aggressive enforcement of MCLL on commercial transactions; criminal-usury overlay. RED until counsel-specific MD presentation pathway is confirmed.

Licensing. Massachusetts Small Loan Act, M.G.L. c. 140 § 96 et seq., covers loans ≤ $6,000; Massachusetts Mortgage Lender and Mortgage Broker Licensing, M.G.L. c. 255E, covers residential mortgage activity broadly — M.G.L. c. 255E § 1 defines "mortgage loan" without a clean business-purpose carve-out for 1–4 family. Biometric. None dedicated; data security 201 CMR 17.00 is strict on personal information generally. Usury. M.G.L. c. 271 § 49: criminal usury at 20%/yr on any loan, with a statutory safe harbor for lenders who file a written notice with the AG identifying the rate before charging it; failure to file results in per-se criminal exposure. M.G.L. c. 107 § 3 civil rate. Foreclosure. Non-judicial via power of sale under M.G.L. c. 244 § 14 (after Eaton v. Federal National Mortgage Ass'n, 462 Mass. 569 (2012), strict compliance is required). Trap.M.G.L. c. 271 § 49 20% criminal cap is a hard server-side ceiling absent verified AG-notice filing.

See deep dive at /legal/state-licensing § 13. Licensing. MBLSLA, MCL § 445.1651 et seq., covers principal-residence 1–4 family dwellings; non-owner-occupied investment property to entity Borrower is outside scope. No separate MI commercial-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. Civil 7% (11% by written contract on consumer); MCL § 438.61 (Act 52 of 1970) allows any contracted rate on loans to a “business entity” (corporation, LLC, partnership, trust, estate, cooperative, association, or natural person furnishing a sworn statement of business purpose) where the parties agree in writing — statute is purpose-based, not gated on a $100,000 minimum. Criminal usury MCL § 438.41 felony to knowingly charge > 25%/yr on any loan, regardless of business purpose; after Soaring Pine savings clauses cannot cure facially usurious rates. Foreclosure. Both; non-judicial (foreclosure by advertisement) under MCL § 600.3204 et seq. predominates; 6-month redemption period. Trap. 25% criminal cap server-side enforcement; 6-month statutory redemption on residential. [verified 2026-05-11]

Licensing. Minnesota Residential Mortgage Originator and Servicer Licensing Act, Minn. Stat. § 58, covers residential mortgage activity. Commercial entity-borrower business-purpose typically outside but the carve-out is narrower than TILA. Regulated Loan Act, Minn. Stat. § 56, consumer-only. Biometric. Minnesota Consumer Data Privacy Act, effective July 31, 2025, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. Minn. Stat. § 334.01: 6% absent agreement, 8% with written contract for consumer; business loans to corporations or LLCs parties may contract any rate under § 334.022; no criminal usury for business loans. Foreclosure. Both; non-judicial (foreclosure by advertisement) under Minn. Stat. § 580.01 et seq. with 6-month redemption (12-month for ag). Trap.[VERIFY 2024 amendments to Minn. Stat. § 58.04 regarding investment-property business-purpose loans.] Long redemption periods.

Licensing. Mississippi S.A.F.E. Mortgage Act, Miss. Code § 81-18-1 et seq., covers residential mortgage activity; consumer-focused. Small Loan Regulatory Law, Miss. Code § 75-67-101 et seq., is consumer-only. No general business-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. Miss. Code § 75-17-1: 8% absent agreement, 10% maximum on consumer/non-business; commercial loans ≥ $5,000 to corporate or partnership borrower parties may contract any rate under Miss. Code § 75-17-1(2); no criminal usury for business loans. Foreclosure. Non-judicial under Miss. Code § 89-1-55; standard 21-day notice. Trap.Verify Miss. Code § 75-17-1(2) corporate-borrower election language is recited in loan documents.

Licensing. Mo. Rev. Stat. § 443.701 et seq. covers residential mortgage broker licensure; consumer-focused. Mo. Rev. Stat. § 367 small loans is consumer-only. No general business-lender license for entity-borrower business-purpose loans on MO non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. Mo. Rev. Stat. § 408.030: 10% absent contract; commercial loans > $5,000 parties may contract any rate under § 408.035; no criminal usury. Foreclosure. Non-judicial under Mo. Rev. Stat. Ch. 443; quick (typically 20 days notice). Trap.Mo. Rev. Stat. § 408.052 limits prepayment-penalty enforceability on residential loans ≤ $35,000.

Licensing. Montana Mortgage Broker and Lender Licensing Act, Mont. Code § 32-9-101 et seq., covers persons engaged in residential mortgage activity; has historically been read broadly to cover entities making more than one loan per year regardless of business purpose. Montana Consumer Loan Act, Mont. Code § 32-5-101 et seq., consumer-only. Biometric. Montana Consumer Data Privacy Act, Mont. Code § 30-14-2801 et seq., effective Oct. 1, 2024, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. Mont. Code § 31-1-107: 10% absent agreement, 15% civil cap with exceptions; business loans ≥ $35,000 parties may contract any rate; no criminal usury. Foreclosure. Both; non-judicial via trust indenture under Mont. Code § 71-1-301 et seq. (Small Tract Financing Act for parcels ≤ 40 acres). Trap.Mortgage Broker and Lender Licensing Act’s broad reach; capture license or one-loan exemption attestation.

Licensing. Nebraska Residential Mortgage Licensing Act, Neb. Rev. Stat. § 45-701 et seq., covers residential mortgage activity. Nebraska Installment Loan Act, Neb. Rev. Stat. § 45-1001 et seq., consumer-only. No general business-lender license. Biometric. Nebraska Data Privacy Act, effective Jan. 1, 2025, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. Neb. Rev. Stat. § 45-101.03: 16% civil cap on most loans; business loans to a corporation, partnership, or LLC under § 45-101.04(2) parties may contract any rate; no criminal usury. Foreclosure. Both; non-judicial via deed of trust under Neb. Rev. Stat. § 76-1001 et seq. (Trust Deeds Act); judicial common too. Trap.Neb. Rev. Stat. § 45-101.04(2) corporate election — verify recital in loan documents.

See deep dive at /legal/state-licensing § 4. Licensing. NRS Ch. 645B and Ch. 645E now expressly cover commercial mortgage activity (NRS 645B.01043 cross-references the “commercial mortgage loan” definition in NRS 645E.030); a Hardline Lender funding commercial mortgage loans in NV generally needs a Ch. 645B mortgage-company license or a documented exemption. NRS Ch. 675 ("in the business of lending money") is the additional overlay — NV FID has historically read this broadly. Biometric. None dedicated; no comprehensive privacy law. Usury. NRS 99.050: no civil cap on commercial loans; NV is functionally usury-free for business-purpose loans. Foreclosure. Both; non-judicial via deed of trust under NRS Ch. 107 predominates; 60-90 day timeline; statutory right of rescission. Trap. Capture either a Ch. 645B/E mortgage-company license OR a Ch. 675 installment-loan license OR a one-loan-per-year exemption attestation with rolling refresh. [verified 2026-05-11]

Licensing. New Hampshire Mortgage Banker and Broker Licensing Act, NH RSA Ch. 397-A, covers residential mortgage activity; consumer-focused. Small Loans Act, NH RSA Ch. 399-A, consumer-only. No general business-lender license for entity-borrower business-purpose loans on NH non-owner-occupied real property. Biometric. New Hampshire Privacy Act, effective Jan. 1, 2025, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. NH RSA § 336:1: 10% absent agreement; commercial loans parties may contract any rate; no criminal usury for business loans. Foreclosure. Non-judicial under NH RSA Ch. 479 (power-of-sale mortgage). Trap. NH RSA Ch. 479 requires strict compliance with notice provisions; verify mortgage form contains modern power-of-sale clause.

See § 5 above. Licensing. New Jersey Consumer Finance Licensing Act, N.J.S.A. § 17:11C-1 et seq., requires a Consumer Lender, Sales Finance Company, or Mortgage Lender license; DOBI aggressive. New Jersey Residential Mortgage Lending Act, N.J.S.A. § 17:11C-51 et seq., covers residential. Biometric. None dedicated; no comprehensive privacy law (NJDPA effective Jan. 15, 2025 treats biometric as sensitive but is not yet a binding constraint for the matrix). Usury. N.J.S.A. § 31:1-1: 30% civil cap on individual obligors; N.J.S.A. § 31:1-6 corporate-borrower exception (corporations and LLCs can agree to any rate); criminal usury N.J.S.A. § 2C:21-19 felony at 50%/yr regardless of borrower type. Foreclosure. Judicial only under N.J.S.A. § 2A:50-2 et seq.; median timeline 1,200+ days. Trap. DOBI’s aggressive enforcement of CFLA on out-of-state private lenders even where corporate-borrower exception arguably applies; long judicial foreclosure timeline. RED until counsel sign-off on a documented NJ exemption pathway.

Licensing. New Mexico Mortgage Loan Company Act, NMSA § 58-21-1 et seq., covers residential mortgage activity; consumer-focused. NM Small Loan Act, NMSA § 58-15-1 et seq., is consumer-only; recently amended to cap consumer loans at 36% APR (HB 132, eff. Jan. 1, 2023). No general business-lender license for entity-borrower business-purpose loans on NM non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. NMSA § 56-8-3: 15% absent agreement; parties may contract for any rate in writing on business loans; no criminal usury for business loans. Foreclosure. Judicial only under NMSA § 39-5-1 et seq.; 9-month redemption period absent waiver (NMSA § 39-5-19). Trap.Verify NMSA § 39-5-19 waiver-of-redemption is recited in mortgage to shorten foreclosure timeline.

See § 5 above. Licensing. New York Banking Law §§ 340–590-a: Licensed Lender license required for loans of $50,000 or less to individuals or $250,000 or less to non-individuals (corporations); Mortgage Banker / Mortgage Broker license under Banking Law Art. 12-D covers residential. NY CFDL applies to commercial financing < $2.5M with extensive disclosure obligations. Biometric. NY SHIELD Act (Gen. Bus. Law § 899-aa) covers data security broadly; NY Labor Law § 201-a (employment-context biometric) does not apply to lending. NY does not have a BIPA-equivalent for general lending. Usury. NY Gen. Oblig. Law § 5-501: 16% civil cap on loans < $250,000 to corporate borrower; NY Penal Law § 190.40: criminal usury at 25%/yr, applies to corporate borrowers under Adar Bays, 37 N.Y.3d 320 (2021), and renders usurious loans void from inception with forfeiture of both principal and interest. Foreclosure. Judicial only under N.Y. RPAPL § 1301 et seq.; median timeline ~1,000 days. Trap. Adar Bays void-from-inception rule; effective-rate calculation must include all fees. RED until counsel sign-off on hard server-side enforcement of 24% civil / 25% criminal effective-rate caps including fees, and CFDL disclosure suite.

See deep dive at /legal/state-licensing § 7. Licensing. NC SAFE Act, N.C.G.S. Ch. 53 Art. 19B, applies to "mortgage loans" secured by a dwelling located in NC; no clean business-purpose carve-out parallel to TILA. § 53-244.040(d) exemptions are narrow (registered MLOs, immediate-family-member transactions, individual seller financing own residence, attorneys, and § 53-244.030(29) categorical exemptees on notice filing). NCCOB has been aggressive on out-of-state private lenders. Biometric. None dedicated; no comprehensive privacy law. Usury. N.C.G.S. § 24-1.1: 8% on loans not secured by real-property mortgage; business-purpose loans of $25,000 or more are exempt under N.C.G.S. § 24-9; no criminal usury. Foreclosure. Non-judicial under N.C.G.S. § 45-21.1 et seq.; clerk-of-court hearing required (a NC-specific procedure). Trap.No business-purpose carve-out under SAFE Act; capture explicit exemption citation under § 53-244.040 or active NC SAFE Act license. [verified 2026-05-11]

Licensing. North Dakota Money Brokers Act, N.D.C.C. § 13-04.1, is broad on its face but § 13-04.1-01.1(3) exempts loans secured by real property; entity-borrower business-purpose loans on ND non-owner-occupied real property outside scope. ND Residential Mortgage Lender Act N.D.C.C. § 13-10 consumer-focused. Biometric. None dedicated; no comprehensive privacy law. Usury. N.D.C.C. § 47-14-09: maximum rate 5.5% above 6-month T-bill yield; commercial loans > $35,000 parties may contract any rate under N.D.C.C. § 47-14-09(3); no criminal usury. Foreclosure. Both; judicial under N.D.C.C. Ch. 32-19 with strict statutory cure provisions and one-year redemption; non-judicial via short-term financing under Ch. 35-22. Trap. One-year redemption on judicial foreclosure; verify deed-of-trust path under Ch. 35-22 (Small Tract Financing).

See deep dive at /legal/state-licensing § 11. Licensing. Ohio Residential Mortgage Lending Act, Ohio Rev. Code § 1322.01 et seq., covers consumer-purpose residential mortgage loans on 1–4 family OH dwellings; business-purpose loans are outside RMLA scope per § 1322.05. No separate OH commercial-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. R.C. § 1343.01(A): 8% default; R.C. § 1343.01(B)(1) permits parties to agree to any rate where the original principal exceeds $100,000; below threshold 25% consumer-loan cap; no criminal usury on business loans. Foreclosure. Judicial only under R.C. § 2329.01 et seq.; sheriff sale; median ~7–9 months. Trap. Loans of $100,000 or less to business borrowers fall under the 25% cap; price accordingly. [verified 2026-05-11]

Licensing. Oklahoma UCCC, Okla. Stat. tit. 14A, is consumer-only. Oklahoma Mortgage Broker License Act, Okla. Stat. tit. 59 § 2095 et seq., covers consumer-purpose residential mortgage activity only. Oklahoma SAFE Mortgage Licensing Act, tit. 59 § 2095.4, consumer. No general business-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. Okla. Const. Art. XIV § 2 set legal rate at 6%; Okla. Stat. tit. 14A § 3-201 controls. Commercial loans to a corporation or LLC: parties may contract any rate under Okla. Stat. tit. 15 § 266; no criminal usury for business loans. Foreclosure. Judicial only under Okla. Stat. tit. 12 § 686 et seq.; appraisal-deficiency waiver mechanics matter for deficiency rights. Trap.Verify appraisal-waiver-language in mortgage to preserve deficiency under tit. 12 § 686.

Licensing. Oregon Mortgage Lenders Law, ORS Ch. 86A, covers residential mortgage activity. Oregon Consumer Finance Act, ORS Ch. 725, covers consumer-finance licensees broadly — ORS § 725.045 has been read to reach some commercial transactions and to a "person engaged in the business" of making loans. Biometric. Oregon Consumer Privacy Act, ORS § 646A.570 et seq., effective July 1, 2024, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. ORS § 82.010: 9% default, 12% civil cap on most loans; commercial loans to a corporation, partnership, or LLC parties may contract any rate under § 82.010(3); no criminal usury for business loans. Foreclosure. Both; non-judicial via deed of trust under ORS § 86.705 et seq. predominates; statutory 4-month cure period. Trap. Ch. 725 commercial reach; capture either a Ch. 725 license or explicit commercial-borrower exemption attestation. OCPA biometric consent at intake.

See deep dive at /legal/state-licensing § 14. Licensing. Pennsylvania Mortgage Licensing Act, 7 Pa.C.S. § 6101 et seq., covers consumer-purpose residential mortgage; business-purpose outside scope. CDCA, 7 P.S. § 6201, consumer. The trap is Act 6, 41 P.S. § 101 et seq., as amended by Act 57 of 2008, which applies to PA 1–2 family “residential mortgages” with principal at or below the “Base Figure” regardless of consumer or business purpose. The Base Figure was originally $50,000; Act 57 of 2008 reset to $217,873 with annual CPI indexing published in the Pennsylvania Bulletin; 2025 Base Figure: $319,777 (2026 to be published). 6% rate cap, Act 91 / Act 6 pre-foreclosure notices, attorney-fee restrictions. Biometric. None dedicated; no comprehensive privacy law. Usury. 41 P.S. § 201: 6% on covered residential mortgages; loans above the Base Figure or commercial-purpose to entity exempt — parties may contract any rate. Criminal usury 18 Pa.C.S. § 911(h) at 36% on certain "loan-sharking" patterns predicate to corrupt-organizations offense. Foreclosure. Judicial only under Pa. R.C.P. 1141 et seq.; long timeline. Trap.Refuse to list any PA 1–2 family loan at or below the current published Base Figure absent explicit Act 6 compliance attestation. [verified 2026-05-11]

Licensing. Rhode Island Licensed Lender Act, R.I. Gen. Laws § 19-14-1 et seq., covers persons "engaged in the business of making loans" broadly. R.I. Gen. Laws § 19-14.1 covers consumer-finance loans separately. Biometric. Rhode Island Data Transparency and Privacy Protection Act, R.I. Gen. Laws § 6-48.1, effective Jan. 1, 2026, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. R.I. Gen. Laws § 6-26-2: 21% civil cap; commercial loans to a corporation or LLC under § 6-26-2(c) parties may contract any rate; criminal usury § 6-26-3 felony at 21%/yr on any loan — the cap is hard and includes business loans where the corporate-exception recital is absent or defective. Foreclosure. Non-judicial under R.I. Gen. Laws § 34-27-4. Trap.R.I. Gen. Laws § 6-26-3 criminal cap at 21% is hard absent flawless corporate-exception recital; capture either an RI Licensed Lender certificate or one-loan exemption with usury-exemption-recital verification.

Licensing. South Carolina Mortgage Lending Act, S.C. Code § 37-22-110 et seq., covers consumer-purpose residential mortgage activity only. South Carolina Consumer Protection Code, S.C. Code § 37-1-101 et seq., consumer-only. No general business-lender license for entity-borrower business-purpose loans on SC non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. S.C. Code § 34-31-20: 8.75% default; commercial loans parties may contract any rate; no criminal usury. Foreclosure. Judicial only under S.C. Code § 29-3-630 et seq.; appraisal-deficiency waiver important. Trap.S.C. Code § 29-3-680 deficiency requires appraisal proceeding absent waiver; verify mortgage form contains appraisal waiver.

Licensing. South Dakota Mortgage Lender License Act, SDCL § 54-14, covers residential mortgage activity; consumer-focused. SD Money Lending Act, SDCL § 54-3, is consumer-focused. No general business-lender license for entity-borrower business-purpose loans on SD non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. SDCL § 54-3-1.1 eliminates the usury cap for written contracts (SD intentionally lifted its cap to attract credit-card and consumer-finance issuers; the law applies broadly); no criminal usury. Foreclosure. Both; non-judicial via power of sale under SDCL Ch. 21-48; one-year redemption on judicial absent waiver under SDCL § 21-52-11. Trap. Verify redemption-waiver language in mortgage to shorten timeline.

See deep dive at /legal/state-licensing § 8. Licensing. Residential Lending, Brokerage and Servicing Act, T.C.A. § 45-13-101 et seq., consumer-focused. The trap is the Industrial Loan and Thrift Companies Act, T.C.A. § 45-5-101 et seq. (amended effective July 1, 2025 to set closed-end interest cap at 36%/yr for loans of $100+), which covers persons "in the business of making loans" including business-purpose loans; § 45-5-104 exempts only enumerated regulated entities; TDFI has read ≥ 3 loans/yr as in the business. Biometric. Tennessee Information Protection Act, T.C.A. § 47-18-3201 et seq., effective July 1, 2025, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. Formula rate announced monthly under T.C.A. § 47-14-105 and capped at the formula rate under § 47-14-121. Commercial loans of $5,000+ between sophisticated parties: parties may contract any rate under T.C.A. § 47-14-103. Criminal usury T.C.A. § 47-14-112 Class A misdemeanor (Class E felony if > 2× cap). Foreclosure. Non-judicial under T.C.A. § 35-5-101 et seq.; quick (20-day notice). Trap. Industrial Loan and Thrift Act; ILT registration or loan-count attestation. [verified 2026-05-11]

See deep dive at /legal/state-licensing § 10. Licensing. Texas Finance Code Ch. 156/157 (consumer residential mortgage); Ch. 342/343 (consumer), including the Ch. 342 Subchapter F Regulated Lender Installment Loan regime which is consumer-purpose only; business-purpose loans to entity Borrowers categorically outside. The trap is Texas Constitution Art. XVI § 50: non-purchase-money business-purpose loans on a homestead are constitutionally void; entity-borrower does not defeat homestead. Biometric. CUBI, Tex. Bus. & Com. Code § 503.001, prohibits capture of biometric identifiers without notice and consent; AG-only enforcement, civil penalty up to $25,000 per violation. Texas Data Privacy and Security Act, Tex. Bus. & Com. Code § 541, effective July 1, 2024, treats biometric data as sensitive. Usury. § 303.009 caps most commercial loans at 18%; Ch. 306 governs commercial loans > $250,000 with published indexed ceilings; civil penalty §§ 349.001–349.003: forfeiture of principal and interest for interest more than double the legal max. Foreclosure. Non-judicial under Tex. Prop. Code § 51.002; quick (21-day notice, first Tuesday-of-month sale). Trap.Non-homestead affidavit from Borrower and any natural-person guarantor on every TX deal — no exception path. [verified 2026-05-11]

Licensing. Utah Residential Mortgage Practices and Licensing Act, Utah Code § 61-2c, covers consumer-purpose residential mortgage activity only. Utah Consumer Credit Code, Utah Code § 70C, consumer. No general business-lender license for entity-borrower business-purpose loans on UT non-owner-occupied real property. Biometric. Utah Consumer Privacy Act, Utah Code § 13-61, effective Dec. 31, 2023, treats biometric data as sensitive; opt-out consent for sensitive; AG enforcement. Usury. Utah Code § 15-1-1: 10% absent contract; parties may contract for any rate in writing on business loans; no criminal usury for business loans. Foreclosure. Both; non-judicial via trust deed under Utah Code § 57-1-19 et seq. predominates; quick (~5 month timeline). Trap.Anti-deficiency under Utah Code § 57-1-32 limits deficiency to fair-market-value deficiency; verify appraisal mechanics.

Licensing. Vermont Licensed Lender Act, 8 V.S.A. § 2200 et seq., covers persons "in the business of making loans" broadly; commercial exception narrow. VT Mortgage Broker License Act, 8 V.S.A. § 2201 (within Ch. 73), covers residential mortgage activity. Biometric. Vermont Data Broker Regulation, 9 V.S.A. § 2446 et seq., regulates data brokers but is not a comprehensive privacy law; biometric not separately regulated beyond breach-notification. Usury. 9 V.S.A. § 41a: 12% default, 18% civil on most loans; commercial loans to a corporation or LLC parties may contract any rate under 9 V.S.A. § 46; no criminal usury for business loans. Foreclosure. Judicial only under 12 V.S.A. § 4931 et seq.; strict-foreclosure available (VT-specific procedure where court vests title without sale); long timeline. Trap.Vermont Licensed Lender Act’s broad reach; capture either a VT Licensed Lender certificate or one-loan exemption attestation.

Licensing. Virginia Mortgage Lender and Broker Act, Va. Code § 6.2-1600 et seq., covers consumer-purpose residential mortgage activity only. Virginia Consumer Finance Act, Va. Code § 6.2-1500 et seq., consumer-only (recently amended to cap consumer loans at 36% APR). No general business-lender license for entity-borrower business-purpose loans on VA non-owner-occupied real property. Biometric. Virginia Consumer Data Protection Act, Va. Code § 59.1-575 et seq., effective Jan. 1, 2023, treats biometric data as sensitive; opt-in consent required; AG enforcement. Usury. Va. Code § 6.2-303: 12% absent contract; commercial loans to a corporation, partnership, or LLC parties may contract any rate under § 6.2-309 and Va. Code § 6.2-317; no criminal usury for business loans. Foreclosure. Non-judicial under Va. Code § 55.1-321 et seq.; quick (14-day notice). Trap.Confirm Va. Code § 6.2-317 corporate-exception recital in loan documents.

Licensing. Washington Consumer Loan Act, RCW 31.04, covers persons making loans to WA residents; has been read broadly. Washington Mortgage Broker Practices Act, RCW 19.146, covers residential mortgage activity. Capture either a CLA license or an explicit commercial entity-borrower exemption. Biometric. RCW 19.375 (Washington biometric identifier statute) prohibits enrollment of biometric identifiers for a commercial purpose without notice and consent; AG-only enforcement. My Health My Data Act, RCW 19.373, covers consumer-health data broadly — Stripe Identity selfie-flow should not collect any health-adjacent data. WPA pending. Usury. RCW 19.52.020: 12% default, 4 points above 26-week T-bill yield civil cap on most loans; commercial loans ≥ $100,000 to corporate borrower parties may contract any rate under RCW 19.52.080; no criminal usury for business loans. Foreclosure. Both; non-judicial via deed of trust under RCW 61.24 predominates; 120-day notice. Trap. CLA reach plus biometric overlay; require commercial entity-borrower exemption attestation.

Licensing. WV Residential Mortgage Lender, Broker, and Servicer Act, W. Va. Code § 31-17-1 et seq., covers residential mortgage activity. WV Consumer Credit and Protection Act, W. Va. Code § 46A, has been read broadly to reach some commercial transactions on substance-over-form analysis. Biometric. None dedicated; no comprehensive privacy law. Usury. W. Va. Code § 47-6-5: 6% legal rate, 8% civil contract cap; commercial loans to a corporation or LLC under § 47-6-5(b) parties may contract any rate; no criminal usury for business loans. Foreclosure. Non-judicial under W. Va. Code § 38-1-3 et seq.; quick. Trap. Consumer Credit Act reach; capture either a WV mortgage license or an explicit commercial entity-borrower exemption attestation.

Licensing. Wisconsin Mortgage Banker, Mortgage Broker, and Mortgage Loan Originator Licensing, Wis. Stat. Ch. 224, covers residential mortgage activity; consumer-focused. Wisconsin Consumer Act, Wis. Stat. Ch. 421–427, consumer-only. No general business-lender license for entity-borrower business-purpose loans on WI non-owner-occupied real property. Biometric. None dedicated; no comprehensive privacy law. Usury. Wis. Stat. § 138.05: 12% default, 18% civil; business loans to a corporation or LLC under § 138.05(7) parties may contract any rate; no criminal usury for business loans. Foreclosure. Judicial only under Wis. Stat. § 846.01 et seq.; 12-month redemption on residential (6-month if owner-occupant waives deficiency; 3-month if non-owner-occupant abandoned property). Trap.Verify § 846.103 abandonment-redemption-shortening procedures for non-owner-occupied residential.

Licensing. Wyoming UCCC, W.S. § 40-14, consumer-only. Wyoming Residential Mortgage Practices Act, W.S. § 40-23-101 et seq., covers consumer-purpose residential mortgage activity only. No general business-lender license. Biometric. None dedicated; no comprehensive privacy law. Usury. W.S. § 40-14-105 broadly exempts commercial loans; default 7% if no rate stated, parties may contract any rate; no criminal usury for business loans. Foreclosure. Both; non-judicial via power of sale under W.S. § 34-4-101 et seq. predominates; statutory three-month redemption period. Trap.W.S. § 34-4-103 statutory redemption period — cannot be waived for owner-occupied residential.

Lender represents and warrants, with respect to each state in which Lender funds a loan through the Service, that Lender (or, where applicable, Lender’s arranging broker) (i) holds an active license issued by that state’s relevant financial-services regulator authorizing the making, brokering, or arranging of business-purpose loans secured by non-owner-occupied 1–4 family or commercial real property in that state, OR (ii) qualifies for a specific statutory exemption from licensure under the laws of that state. Lender separately represents that each loan complies with the civil and criminal usury caps of the state in which the real property is located, calculated on an APR basis that includes all origination, points, exit, and default-rate components reasonably treatable as interest.

• AZ. Active A.R.S. §§ 6-971 et seq. Commercial Mortgage Banker / Broker license OR specific exemption citation. Business-purpose self-attestation alone is not accepted.
• CA. CFL (Cal. Fin. Code § 22050(a)) OR DRE Broker (Bus. & Prof. Code § 10131(d), §§ 10237–10238) OR one-loan-per-12-months exemption with quarterly loan-count refresh. CFDL acknowledgement and Civ. Code § 1632 trigger flag.
• CT. CT Mortgage Lender license OR exemption citation; refuse to list any CT loan ≤ $15,000 absent license.
• DC. Active DC Money Lender License OR exemption citation; effective-rate hard stop at 24%.
• FL. Active OFR Mortgage Lender / Broker license OR property-type attestation that property is 5+ unit residential or pure commercial. No self-attested business-purpose exemption on 1–4 family FL property.
• GA. Active GRMA license OR de-minimis exemption citation. Server-side effective-rate ceiling below 60%/yr (O.C.G.A. § 7-4-18) including all fees.
• HI. Fee-simple or reviewed-leasehold attestation; AOAO super-priority awareness.
• KS. Active KS Mortgage Company license OR exemption citation under K.S.A. 16a or § 9-2201.
• LA. Entity-borrower business-purpose attestation; Note must contain confession of judgment for executory process.
• ME. Active Maine Supervised Lender license OR exemption citation.
• MA. Active c. 255E license OR exemption citation; server-side effective-rate hard stop at 20%/yr absent verified AG-notice filing under c. 271 § 49.
• MN. Active MN Residential Mortgage Originator license OR documented business-purpose entity-borrower exemption.
• MT. Active Mont. Code § 32-9 license OR one-loan exemption with rolling-12-month refresh.
• NV. Active NRS Ch. 675 license OR one-loan-per-year exemption attestation with refresh.
• NC. Active NC SAFE Act license OR explicit exemption citation under § 53-244.040.
• OR. Active Ch. 725 license OR explicit commercial-borrower exemption attestation; OCPA biometric notice at intake.
• PA. Refuse to list any PA 1–4 family loan ≤ $50,000 absent explicit Act 6 (41 P.S. § 101) compliance attestation.
• RI. Active R.I. Licensed Lender certificate OR one-loan exemption with usury-exemption-recital verification.
• TN. Active TN ILT registration OR documented loan-count attestation.
• TX. Sworn non-homestead affidavit from Borrower and any natural-person guarantor on every TX deal — no exception path. CUBI-aware Stripe Identity flow.
• VT. Active VT Licensed Lender certificate OR one-loan exemption attestation.
• WA. Active CLA license OR explicit commercial entity-borrower exemption; RCW 19.375 and MHMD Act awareness.
• WV. Active WV mortgage license OR explicit commercial entity-borrower exemption attestation.

• AR. Block until counsel confirms rate structure compatibility with Ark. Const. Amend. 89 § 3 17% cap including all fees.
• CA. Block until specialist counsel confirms the platform-only Option A posture under the California Financing Law (Cal. Fin. Code §§ 22000 et seq.) and the California Consumer Financial Protection Law, and signs a written opinion addressing DFPI enforcement risk. Re-entry would also require CFDL disclosure handling and Civ. Code § 1632 translated-document handling on the Lender side.
• IL. Block until BIPA-compliant Stripe Identity consent flow, retention schedule, and destruction policy are counsel-approved.
• MD. Block until counsel confirms entity-borrower / business-purpose presentation in light of MCLL and Commissioner’s posture.
• NJ. Block until counsel sign-off on documented NJ exemption pathway; DOBI’s posture is the binding constraint.
• NY. Block until counsel approves (a) corporate-borrower CFDL-compliant disclosure suite and (b) hard server-side enforcement of 24% civil / 25% criminal effective-rate caps including all fees per Adar Bays.

Lender shall update its per-state attestation schedule within ten (10) business days of (a) any change to a license number, license status, or exemption-citation; (b) expiration, suspension, revocation, or non-renewal of any listed license; or (c) Lender first funding a loan in a state not previously listed. Lender re-certifies annually on the anniversary of onboarding. Hardline reserves the right to require interim recertification on a per-state basis if the state regulator’s posture materially changes.