Terms & Conditions

1. General

1.1 These Terms & Conditions ("Terms") govern all services, communications, loan applications, and transactions involving Private Mortgage Financing Partners, LLC, a Texas limited liability company, together with its affiliate Private Mortgage Investments, LLC (collectively, "PMF Partners," "we," "us," or "our"). By accessing our website, submitting a loan inquiry or application, receiving a term sheet, or otherwise engaging with us, you ("Borrower," "Broker," "Investor," or "you") agree to these Terms.

1.2 Updates. We may update these Terms at any time. The current version will be posted on our website with the updated effective date. Continued use of our services after changes are posted constitutes acceptance of the updated Terms. Material changes affecting an active borrower or investor relationship will be communicated directly.

1.3 Age & Capacity. You must be at least 18 years of age and have full legal capacity to enter into a binding agreement. If you are acting on behalf of a business entity, you represent that you are duly authorized to bind that entity to these Terms and to any loan documents, guaranties, or investment documents executed in connection with our services.

1.4 Right to Decline. PMF Partners reserves the right to decline any loan application, investor inquiry, broker referral, or business opportunity at our sole and absolute discretion, for any lawful reason or no stated reason, at any point in the process — including after issuance of a term sheet and up until the moment of funding. Decline decisions do not entitle any party to compensation, reimbursement of time or expense, or any claim against PMF Partners, except for refunds expressly set forth in a signed engagement or fee agreement.

1.5 No Consumer-Purpose Loans. PMF Partners originates loans exclusively for business, commercial, and investment purposes, secured by non-owner-occupied real estate. We do not make consumer-purpose loans. Loans originated by us are generally exempt from federal and state consumer lending statutes (including TILA, RESPA, and the Dodd-Frank Act's Ability-to-Repay and QM rules). By submitting a loan request, you represent that the loan proceeds will be used for business, commercial, or investment purposes only and that the collateral is not your primary residence.

2. Nature of Services

2.1 Direct Lender. PMF Partners is a true direct lender. We originate, underwrite, fund, and service our own loans. We are not a broker, intermediary, table-funder, or loan matchmaker. No loan request is forwarded, sold, or shopped to third-party lenders without your prior written consent.

2.2 Loans Made By. Loans are originated and funded through Private Mortgage Investments, LLC or one of its affiliated lending entities. The specific lender of record for your transaction will be identified on the note and other loan documents at closing.

2.3 Asset-Based Lending. Our underwriting is primarily asset-based. We focus on the value of the collateral, the strength of the deal, and the borrower's ability to execute — not on traditional credit-score-driven underwriting. Asset-based underwriting does not eliminate risk; it shifts it. You are responsible for understanding the risks associated with hard money and bridge financing.

2.4 Geographic Scope. We lend nationwide in the United States on qualifying commercial and investment real estate. We do not lend on properties located outside the United States or its territories unless specifically agreed to in writing.

2.5 Not Securities. Loans originated by PMF Partners are commercial loans secured by real estate. They are not securities and are not offered or sold under any registration or offering statement. Investor participation in specific loans is handled separately under a distinct Investor Agreement and is subject to Section 13 below.

3. No Financial, Legal, or Tax Advice

3.1 Nothing we publish on our website, in our marketing materials, in any email, phone call, text message, term sheet, or any other communication constitutes legal, tax, accounting, investment, or financial-planning advice. Our statements, projections, illustrations, and rate examples are for general informational purposes only.

3.2 You are solely responsible for evaluating the suitability of any loan or investment for your circumstances. You agree to consult your own independent legal counsel, tax advisor, accountant, and licensed financial professional before executing any loan documents, guaranties, or investment documents.

3.3 No Fiduciary Duty. PMF Partners does not owe any fiduciary duty to any borrower, guarantor, broker, or prospective investor arising from a loan inquiry, application, or the issuance of a term sheet. Any fiduciary or contractual duty is established only by the express terms of fully executed loan documents or an Investor Agreement.

4. Loan Applications & Eligibility

4.1 Accuracy. All information you provide in a loan inquiry, application, financial statement, rent roll, operating statement, or supporting document must be true, complete, and accurate. Material misrepresentations or omissions — whether discovered before or after closing — are grounds for immediate denial, rescission, acceleration, and referral for civil and criminal remedies (including without limitation 18 U.S.C. § 1014, loan application fraud).

4.2 Supporting Documents. You agree to provide, on request, reasonable supporting documentation including but not limited to organizational documents, tax returns, bank statements, rent rolls, operating statements, purchase contracts, construction budgets, scope-of-work documents, title commitments, appraisals, environmental reports, insurance binders, and entity authorizing resolutions.

4.3 Property Eligibility. Subject to underwriting, we generally lend on commercial and investment real estate including multi-family (5+ units), industrial, retail, office, hospitality, self-storage, mixed-use, and 1-4 unit non-owner-occupied residential investment properties. We do not lend on owner-occupied single-family primary residences, cannabis-related properties in jurisdictions where cannabis remains federally illegal, or properties whose use is illegal under federal law, regardless of state permissibility.

4.4 Credit Reports & Background Checks. You authorize PMF Partners and its agents to obtain, review, and share with loan participants and servicers any consumer or commercial credit reports, background checks, litigation searches, OFAC and sanctions checks, and judgment/lien searches deemed necessary for underwriting, fraud prevention, or servicing. This authorization continues for the life of the loan.

5. Underwriting & Approval

5.1 Sole Discretion. All loan approval decisions are made at the sole and absolute discretion of PMF Partners. No application, communication, verbal indication, term sheet, quote, estimate, or preliminary approval constitutes a binding commitment to lend. A binding commitment exists only upon execution of a written loan commitment letter signed by an authorized officer of PMF Partners.

5.2 Term Sheets. Term sheets are proposals based on preliminary information. They are subject to full underwriting, satisfactory third-party reports, clear title, insurance, and final credit approval. Term sheets are not commitments, are subject to change, and may be withdrawn at any time before the issuance of a final commitment letter.

5.3 Conditions to Closing. Final approval and funding are conditioned on, at a minimum: satisfactory appraisal, title commitment and survey, insurance adequate to lender's requirements, entity formation and authorizing documents, executed loan documents, cleared funds, payment of all closing costs and fees, and the absence of any material adverse change in the borrower, guarantor, or collateral between application and closing.

5.4 Material Adverse Change. PMF Partners may withdraw any commitment, suspend any closing, or reprice any loan if, in our reasonable judgment, there has been a material adverse change in the borrower, guarantor, collateral, market, property condition, title, or the broader credit environment between application and funding.

6. Fees, Points & Third-Party Costs

6.1 Fees Disclosed in Writing. Origination fees (points), underwriting fees, document preparation fees, servicing fees, extension fees, default rate fees, and all other fees applicable to your loan will be disclosed in writing in your term sheet, commitment letter, and closing documents. You should read these carefully and ask questions before signing.

6.2 Third-Party Costs. You are responsible for all third-party costs incurred in connection with your loan, whether or not the loan closes. These include but are not limited to: appraisal fees, environmental report fees (Phase I/II), property condition reports, title insurance and settlement charges, recording fees, state mortgage recording taxes, survey costs, legal fees (yours and ours, when charged through), insurance premiums, and travel or site-visit costs.

6.3 No Blind Upfront Fees. PMF Partners does not charge an application fee, loan origination fee, or "processing fee" up front simply to look at your deal. Initial inquiries, preliminary term sheets, and deal reviews are free. Consistent with our direct-lender model, fees are earned when we fund your loan.

6.4 Third-Party Cost Deposits. Once a loan moves from preliminary review into formal underwriting and third-party reports need to be ordered (appraisal, environmental, title, survey, etc.), PMF Partners may collect a deposit to fund those outside vendor costs directly. The amount, refundability, and usage of any such deposit are disclosed in writing in a deposit receipt or fee agreement before you pay anything. If your loan does not close for any reason — including borrower withdrawal, failure of underwriting conditions, or PMF Partners' discretionary decline — amounts already paid to third parties on your behalf (appraiser, environmental consultant, title company, etc.) are not refundable, since those vendors have already performed the work. Any unused portion of the deposit will be refunded in accordance with the deposit agreement.

6.5 Rate Quotes. Any rates, points, or terms quoted on this website, in marketing materials, in email, or during informal conversation are estimates based on information available at the time and are subject to final underwriting, verification of information, market conditions, and property-specific risk factors. Current market rates may differ from rates mentioned in blog posts or older content. Final pricing for your loan is set in the commitment letter and loan documents.

6.6 No Advance Fees to Unrelated Third Parties. PMF Partners will never ask you to wire advance fees, "insurance premiums," or "release fees" to any individual or account not previously disclosed in a written fee agreement. Beware of phishing and wire-fraud attempts impersonating PMF Partners or our closing agents.

7. Closing, Funding & Timelines

7.1 Target Timelines. While we routinely close loans in as few as 48 hours to two weeks, all closing timelines are targets, not guarantees. Actual closing times depend on the availability of third-party reports, title clearance, borrower responsiveness, document execution, funding logistics, and other factors, some of which are beyond our control.

7.2 No Liability for Closing Delays. PMF Partners is not liable for any damages — including lost deposits, lost profits, lost opportunity costs, extension costs, or consequential damages of any kind — arising from a delayed closing, a failed closing, or a closing that funds on a date later than originally anticipated. Your remedy for a closing you no longer wish to proceed with is to withdraw in accordance with the applicable deposit agreement.

7.3 Wire Fraud Warning. Wire fraud targeting real estate closings is rampant. Always verify wire instructions by a phone call to a known, independently verified number — never a number sent by email. PMF Partners is not liable for losses arising from wires sent to fraudulent accounts based on spoofed or altered wire instructions. If you receive any email purporting to modify wire instructions, treat it as fraudulent until verified by phone.

7.4 Funding Conditions. Funding is subject to satisfaction of all closing conditions as of the moment of funding. PMF Partners reserves the right to halt funding if any condition is unsatisfied, if any document is missing or incorrect, or if any fraud indicator is detected, up to and including the moment the wire is released.

8. Borrower Representations & Warranties

By submitting an application and by executing loan documents, you represent and warrant that:

• All information and documents provided to PMF Partners are true, complete, and accurate in all material respects;
• You have full legal capacity and authority to borrow, pledge collateral, and execute loan documents;
• The loan is for business, commercial, or investment purposes, and the collateral is not your primary residence;
• You are not subject to any sanctions list administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or any comparable authority;
• You are not acting, directly or indirectly, on behalf of any person or entity subject to such sanctions;
• There is no litigation, judgment, lien, proceeding, investigation, or governmental action pending or threatened against you, your entities, or the collateral that could materially affect your ability to perform under the loan documents, other than as disclosed in writing;
• You have not filed for bankruptcy protection within the past seven (7) years unless expressly disclosed in writing;
• The collateral is free of known environmental hazards other than as disclosed;
• You understand the terms of the loan, including the interest rate, prepayment terms, default rate, fees, and remedies upon default.

9. Collateral, Security Interests & Insurance

9.1 Lien Position. Unless expressly agreed in writing, PMF Partners requires a first-priority lien (first deed of trust or first mortgage) on the collateral, plus such additional security (UCC-1 filings, assignment of rents and leases, personal or corporate guaranties, pledged equity interests, etc.) as determined in underwriting.

9.2 Title Insurance. An ALTA lender's title insurance policy in an amount equal to the loan balance, acceptable to PMF Partners, is required. The cost is borne by the borrower.

9.3 Property Insurance. You must maintain throughout the loan term hazard insurance, commercial general liability insurance, and (where applicable) flood, windstorm, earthquake, and builder's risk insurance in amounts and with carriers acceptable to PMF Partners, naming PMF Partners (or its designee) as mortgagee / additional insured / loss payee as applicable. Lapse of insurance is a default.

9.4 Taxes & Assessments. You must keep all property taxes, assessments, HOA dues, and other charges that could result in a lien on the collateral current throughout the loan term.

9.5 Transfer & Further Encumbrance. Transfer of the collateral, further encumbrance, or change of ownership or control of the borrowing entity without prior written consent of PMF Partners is a default and may trigger acceleration.

10. Interest, Default & Remedies

10.1 Interest Rate. The interest rate, default interest rate, accrual method, and day-count convention for your loan are set forth in the promissory note. Rates quoted in marketing or website content are illustrative and are not binding until set forth in signed loan documents.

10.2 Events of Default. Events of default include, without limitation: non-payment of principal, interest, or fees when due; breach of any covenant or representation; unauthorized transfer or further encumbrance of the collateral; lapse of insurance; non-payment of property taxes; bankruptcy or insolvency of the borrower or guarantor; material misrepresentation; and any other event specified in the loan documents.

10.3 Remedies. Upon default, PMF Partners may, at its option, accelerate the loan, charge default interest and late charges, enforce all rights under the loan documents and applicable law (including judicial foreclosure, non-judicial foreclosure, deed-in-lieu, receivership, assignment of rents enforcement, and collection against guarantors), and recover all costs of collection including reasonable attorneys' fees. Remedies are cumulative, not exclusive.

10.4 Texas Home-Equity Disclaimer. If any portion of the collateral is located in Texas and is a homestead, PMF Partners does not make Texas home-equity loans subject to Article XVI, Section 50(a)(6) of the Texas Constitution, and no such loan will be originated.

11. Prepayment

11.1 Whether your loan permits prepayment, carries a prepayment penalty, has a minimum interest period (yield-maintenance, make-whole, or minimum-interest clause), or is locked for a defined period is determined on a deal-by-deal basis and is stated in the promissory note.

11.2 Marketing statements about prepayment flexibility are general and non-binding. The terms in your signed note govern.

12. Broker Referrals & Compensation

12.1 Brokers Protected. PMF Partners values its broker relationships and does not steal deals. Brokers who refer a qualified borrower are paid in accordance with a written broker agreement disclosed and executed at the time of the referral or engagement.

12.2 Licensing. Brokers are solely responsible for compliance with any applicable state or federal licensing requirements governing their activities. PMF Partners does not represent or warrant that a broker is appropriately licensed for any particular transaction, and any representation otherwise by a broker is the broker's own.

12.3 Anti-Steering. Brokers may not misrepresent our terms, add undisclosed fees, collect compensation outside of a disclosed broker agreement, or steer borrowers in a manner prohibited by applicable law. Any such conduct voids the broker agreement for that transaction and may be reported to licensing authorities.

13. Investor Participation & Accreditation

13.1 Not a Public Offering. Nothing on our website or in our marketing is an offer to sell, or the solicitation of an offer to buy, any security or participation interest. Any investor participation in a specific loan is handled privately through a separate Investor Agreement and participation documents.

13.2 Accredited Investors Only. Investor participation opportunities offered by PMF Partners are generally available only to investors who qualify as "accredited investors" under Rule 501 of Regulation D under the U.S. Securities Act of 1933, as amended, or as otherwise permitted by applicable exemption. By indicating investor interest, you represent that you meet the applicable accreditation or exemption standard or, if not, that you do not intend to participate.

13.3 Risk Acknowledgment. Real estate lending involves substantial risk, including but not limited to risk of borrower default, collateral value decline, market illiquidity, extended workout timelines, legal costs of enforcement, and partial or total loss of principal. Past performance is not indicative of future results. Projected returns are projections, not guarantees. Investors should be prepared to hold participation interests through the full loan term and through any default, workout, or foreclosure process, which may extend well beyond the original maturity date.

13.4 No Guarantee. Neither PMF Partners nor any of its affiliates guarantees any rate of return, principal preservation, or liquidity of any investor participation interest, except to the extent expressly stated in a signed Investor Agreement.

14. AML, OFAC & Identity Verification

14.1 Consistent with applicable law and prudent lending practice, PMF Partners conducts customer identification, beneficial-ownership identification, OFAC/sanctions screening, and related anti-money-laundering ("AML") due diligence on borrowers, guarantors, authorized signers, and controlling beneficial owners.

14.2 You agree to provide identifying documentation (including a government-issued ID, entity documents, and beneficial-ownership information) on request. PMF Partners may decline to fund any loan or terminate any engagement where AML/OFAC concerns are not resolved to our satisfaction, in our sole discretion.

14.3 PMF Partners may, as required by law, report suspicious activity to applicable authorities and is prohibited by law from disclosing such reporting to the subject.

15. Third-Party Reports & Information

15.1 Appraisals, environmental reports, property condition reports, title commitments, surveys, credit reports, background reports, and other third-party reports are obtained from independent professionals. PMF Partners relies on these reports for underwriting but does not warrant their accuracy or completeness. Any recourse for errors or omissions in a third-party report lies against the issuing professional, subject to that professional's engagement letter.

15.2 Report Ordering Costs. Costs of third-party reports are borne by the borrower and, once incurred, are not refundable regardless of whether the loan closes.

16. Communications & Electronic Consent

16.1 Electronic Communications. You consent to receive communications from PMF Partners electronically, including via email, text message (SMS), in-website messaging, and electronic document delivery. Electronic communications satisfy any legal requirement that such communications be in writing unless applicable law requires otherwise and cannot be varied by agreement.

16.2 E-Sign. You consent to the use of electronic signatures and records for all loan documents, disclosures, and related materials to the extent permitted by the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN") and applicable state law. You may withdraw consent in writing, but withdrawal may prevent us from providing certain services.

16.3 Phone & SMS. By providing your phone number, you consent to receive calls and text messages from PMF Partners related to your inquiry, application, and ongoing relationship, including by automated means. Standard carrier rates may apply. You may opt out of non-essential marketing SMS at any time by replying STOP.

16.4 Call Recording. Calls with PMF Partners may be recorded or monitored for quality, training, and compliance purposes, consistent with applicable law.

17. Privacy & Data

17.1 PMF Partners collects only the information needed to evaluate, fund, service, and comply with applicable law regarding a loan or investor relationship. We do not sell personal information to unrelated third parties for their own marketing purposes.

17.2 Sharing. We share information only as needed: with third-party report providers (appraisers, title companies, environmental consultants, credit bureaus), with loan participants and investors on a need-to-know basis under confidentiality, with loan servicers and collection counsel as applicable, with our own legal and tax advisors, and with governmental and regulatory authorities when required by law.

17.3 Security. We use commercially reasonable safeguards to protect your information. However, no system is impenetrable. You should not transmit highly sensitive information (full Social Security numbers, account numbers, etc.) by unencrypted email. On request, we will provide a secure upload link.

17.4 Retention. We retain records for periods required by applicable law, regulatory guidance, and our internal records-retention policies, and thereafter in accordance with prudent business practice.

18. Intellectual Property

18.1 The PMF Partners name, logo, website content, proprietary forms, term sheets, underwriting models, and related materials are the intellectual property of Private Mortgage Financing Partners, LLC or its affiliates. No license to use, reproduce, modify, or distribute any of these materials is granted except for your personal, internal review of a specific transaction.

18.2 Third-Party Links. Our website may include links to third-party resources. We do not control and are not responsible for the content, accuracy, privacy practices, or security of third-party sites.

19. Limitation of Liability

19.1 As-Is. Our website, marketing materials, term sheets, calculators, and illustrative figures are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, or uninterrupted availability.

19.2 Cap on Damages. To the maximum extent permitted by law, the aggregate liability of PMF Partners, its affiliates, and each of their respective officers, directors, members, managers, employees, and agents for any and all claims arising from or relating to your use of our website, any loan inquiry, any loan application, any term sheet, any failure to close, or any other pre-funding or non-funding event is capped at the greater of (a) the fees actually paid by you to PMF Partners for the specific transaction giving rise to the claim (excluding any fees passed through to unaffiliated third parties), or (b) five hundred dollars ($500). This cap does not apply to liability arising under a fully executed promissory note or loan document, which is governed by the loan documents themselves.

19.3 No Consequential Damages. In no event shall PMF Partners be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, including lost profits, lost rents, lost deposits, lost opportunity costs, reputational damage, or emotional distress, even if advised of the possibility of such damages.

19.4 Claims Deadline. Any claim against PMF Partners arising from pre-funding or non-funding activities must be brought within one (1) year of the event giving rise to the claim or it is forever barred.

20. Indemnification

You agree to defend, indemnify, and hold harmless PMF Partners, its affiliates, and each of their respective officers, directors, members, managers, employees, and agents from and against any and all third-party claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your breach of these Terms or any loan or investor document; (b) your misrepresentation or omission in any application, financial statement, or supporting document; (c) your violation of applicable law; (d) any environmental condition of the collateral; (e) any injury to a person or damage to property arising at or from the collateral while you own or control it; and (f) any claim by any broker, co-borrower, guarantor, investor, or third party alleging rights arising from your conduct.

21. Force Majeure

PMF Partners is not liable for any delay, failure to close, failure to perform, or other non-performance caused by events beyond our reasonable control, including without limitation: acts of God; natural disasters; pandemic; war, terrorism, or civil unrest; governmental or regulatory action or shutdown; failure or disruption of telecommunications, banking, wire, or title/recording infrastructure; failure of third-party report providers; cyber-attack or ransomware; and market disruptions affecting the availability or pricing of capital.

22. Dispute Resolution & Binding Arbitration

22.1 Good-Faith Negotiation. Before commencing any formal proceeding, the parties agree to attempt in good faith to resolve any dispute by direct written communication for a period of at least thirty (30) days.

22.2 Binding Arbitration. Any dispute, claim, or controversy arising from or relating to these Terms, our website, any loan inquiry, application, term sheet, or any pre-funding activity (excluding any dispute arising under fully executed loan documents, which are governed by the dispute-resolution provisions in those documents) that is not resolved through good-faith negotiation shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration seated in Montgomery County, Texas. Judgment on the award may be entered in any court of competent jurisdiction.

22.3 No Jury / No Class Action. The parties waive the right to a jury trial and waive any right to assert claims on a class, collective, or representative basis. Claims must be brought individually.

22.4 Frivolous Claims. If an arbitrator determines that a claim or defense was frivolous or asserted in bad faith, the arbitrator may award attorneys' fees and costs to the prevailing party.

22.5 Provisional Relief. Notwithstanding the arbitration provision, either party may seek provisional or injunctive relief in a court of competent jurisdiction to preserve the status quo or to protect collateral or confidential information pending arbitration.

23. Governing Law & Venue

These Terms and any non-contractual obligation arising from them are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Subject to Section 22, exclusive venue for any judicial proceeding related to these Terms lies in the state or federal courts located in Montgomery County, Texas, and the parties consent to personal jurisdiction in those courts. Loan documents may specify their own governing-law and venue provisions, which control for disputes arising under those documents.

24. Miscellaneous

24.1 Entire Agreement. These Terms, together with any signed fee agreement, deposit receipt, commitment letter, Investor Agreement, or loan documents, constitute the entire agreement between the parties on their subject matter and supersede all prior discussions, negotiations, and understandings, whether oral or written.

24.2 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions remain in full force and effect. If the arbitration clause is held invalid in part, the remainder of the arbitration clause is enforceable to the maximum extent.

24.3 No Waiver. Failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.

24.4 Assignment. You may not assign your rights or obligations under these Terms or any loan document without prior written consent of PMF Partners. We may assign our rights (including the right to receive payments, enforce collateral, and service loans) to affiliates, successors, participants, or purchasers without your consent.

24.5 Survival. Provisions that by their nature should survive termination or non-funding — including without limitation the provisions on fees already incurred, limitation of liability, indemnification, confidentiality, dispute resolution, and governing law — survive.

24.6 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and their permitted successors and assigns. No other person has any right to enforce any provision.

24.7 Cumulative Remedies. Remedies provided in these Terms are cumulative and in addition to any other remedies available at law or in equity.

24.8 Headings. Section headings are for convenience only and do not affect interpretation.

25. Contact

Questions about these Terms, a pending application, an investor opportunity, or anything else — call or write:

Private Mortgage Financing Partners, LLC
32416 Autumn Forest Ct.
Magnolia, TX 77354
Phone: (936) 588-8501  ·  Fax: (936) 588-8550