Green v. Future Two

In Green v. Future Two (1986) 179 Cal. App. 3d 738, Evans, a licensed broker and partner in a real property partnership, contacted Reisner, who arranged a meeting between the Greens and Evans. The Greens made a secured loan to the partnership that bore annual interest of 25 percent. In a subsequent foreclosure action, the trial court found the loan was usurious. The Court of Appeal affirmed, rejecting the claim Evans arranged the loan. It could not state that, "as a matter of law, a secured loan to a real estate broker acting on his own behalf is 'arranged' by the broker and therefore exempt from the usury restrictions." ( Green v. Future Two, supra, 179 Cal. App. 3d at p. 742.) "Neither lending nor borrowing necessarily involves 'arranging.' " (Ibid.) Noting the two requisite elements for arranging a loan, the court held that a broker who "acts for himself" or "does not receive or expect to receive compensation" is excluded from the exemption. ( Id. at p. 743.)