Terms of Service

Last Updated: January 2024

Welcome to Trousdale Hard Money LLC ("we," "our," or "us"). These Terms of Service govern your use of our construction loan services and website. By accessing our services, you agree to comply with and be bound by these terms.

1. Loan Services Description

Trousdale Hard Money LLC provides short-term financing solutions for real estate construction and rehabilitation projects. Our services include:

  • Construction Loans: Financing for ground-up construction projects
  • Rehabilitation Loans: Financing for property renovation and repair
  • Bridge Financing: Short-term financing between project phases
  • Commercial Construction: Financing for commercial property development

2. Borrower Eligibility and Requirements

To qualify for our construction loan services, borrowers must meet the following criteria:

  • Be at least 18 years of age and have legal capacity to enter into contracts
  • Provide complete and accurate personal and financial information
  • Have a satisfactory credit history as determined by our underwriting standards
  • Provide detailed construction plans, budget, and timeline
  • Maintain appropriate insurance coverage throughout the project
  • Use licensed and insured contractors for all construction work

3. Loan Application Process

The loan application process involves the following steps:

  • Submission: Complete our loan application with all required documentation
  • Review: Our underwriting team evaluates your application, creditworthiness, and project viability
  • Approval: If approved, you will receive a loan commitment letter outlining terms and conditions
  • Closing: Execution of loan documents and disbursement of initial funds
  • Draw Requests: Submission of requests for funds at various construction milestones

We reserve the right to deny any application at our sole discretion.

4. Loan Terms and Conditions

All construction loans are subject to the following terms:

  • Loan-to-Value (LTV): Typically up to 70% of the after-repair value or project cost
  • Interest Rates: Determined based on project risk, borrower credit, and market conditions
  • Loan Term: Typically 6-24 months, with possible extensions at our discretion
  • Points and Fees: Origination fees typically range from 2-5% of the loan amount
  • Draw Schedule: Funds disbursed in stages upon verification of completed work
  • Prepayment: Terms and possible penalties outlined in your loan agreement

5. Borrower Responsibilities

As a borrower, you are responsible for:

  • Providing accurate and complete information throughout the loan process
  • Obtaining all necessary permits, licenses, and approvals for your project
  • Maintaining adequate insurance coverage (liability, builder's risk, etc.)
  • Adhering to the approved construction timeline and budget
  • Allowing periodic inspections by our representatives
  • Making timely interest payments as specified in your loan agreement
  • Repaying the loan in full upon maturity or sale of the property

6. Draw Request Process

Funds are disbursed according to the following procedure:

  • Submit a completed draw request form with supporting documentation
  • We will conduct an inspection to verify completed work
  • Upon approval, funds are typically disbursed within 5-7 business days
  • A portion of each draw (typically 10%) may be held as retainage until project completion
  • Final draw requires certificate of occupancy and lien waivers from all contractors

We reserve the right to withhold funds if work does not meet approved plans or quality standards.

7. Default and Remedies

The following events may constitute default:

  • Failure to make timely interest payments
  • Deviation from approved construction plans without authorization
  • Abandonment of the construction project
  • Filing of mechanics' liens against the property
  • Breach of any material term of the loan agreement

Upon default, we may exercise any or all of the following remedies:

  • Accelerate the loan, making the entire balance immediately due
  • Cease further fund disbursements
  • Charge default interest at the rate specified in your loan agreement
  • Pursue foreclosure proceedings on the property
  • Pursue any other remedies available under law or the loan documents

8. Limitations of Liability

Trousdale Hard Money LLC shall not be liable for:

  • Construction delays, cost overruns, or contractor performance issues
  • Defects in design, materials, or workmanship
  • Changes in market conditions affecting project viability or property value
  • Regulatory changes impacting the project
  • Any indirect, consequential, or punitive damages arising from the loan relationship

Our total liability for any claim related to these services shall not exceed the total fees paid to us for the specific loan in question.

9. Website Use Terms

By using our website, you agree to the following:

  • You will not use the website for any unlawful purpose
  • You will not attempt to gain unauthorized access to any part of the website or our systems
  • All information you provide through the website will be accurate and complete
  • We may monitor and record communications for quality assurance and training purposes
  • We reserve the right to modify or discontinue any aspect of the website at any time

10. Intellectual Property

All content on this website, including text, graphics, logos, and images, is the property of Trousdale Hard Money LLC or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

11. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the state where Trousdale Hard Money LLC is headquartered. Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, rather than in court.

12. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.

  • Our typical loan approval process takes 5-10 business days from receipt of a complete application package. This timeline may vary based on project complexity, documentation completeness, and current application volume. We prioritize efficient processing while maintaining thorough due diligence to ensure responsible lending practices.

  • Changes to approved construction plans require written approval from Trousdale Hard Money LLC. Minor modifications may be approved quickly, while significant changes may require re-underwriting and could affect loan terms. We recommend finalizing plans before loan closing to avoid delays or additional fees. Any unauthorized changes may constitute a default under your loan agreement.

  • If your project exceeds the approved budget, you will be responsible for covering the additional costs. We may, at our discretion, consider a loan modification or additional financing, subject to underwriting and property valuation. It's crucial to include a contingency fund (typically 10-15%) in your initial budget to account for unexpected expenses.

  • Most of our construction loans do not carry prepayment penalties, as they are designed as short-term financing solutions. However, specific loan agreements may include provisions for minimum interest requirements or exit fees. These details will be clearly outlined in your loan documentation before closing.

  • We require borrowers to maintain several insurance policies throughout the construction period, including builder's risk insurance, general liability insurance, workers' compensation insurance (if applicable), and property insurance. Specific coverage amounts and requirements will be detailed in your loan agreement. We must be named as an additional insured on all relevant policies.

Contact Us

If you have any questions about these Terms of Service, please contact us:

  • Email: info@trousdalehardmoneyllc.com
  • Phone: +1 (800) TROUSDALE
  • Address: 733 3rd Ave New York, NY 10017
  • Hours: Monday-Friday, 8:00 AM - 6:00 PM PST