Norman v. Department of Real Estate

In Norman v. Department of Real Estate (1979) 93 Cal.App.3d 768, the court described in more detail what respondent's brief refers to as Homeowners "large" loan or "syndicate" business: "Howeowners was engaged in the business of brokering loans secured by trust deeds on real property, in the manner described by Business and Professions Code sections 10131, subdivision (d) and (e), and 10131.1. Typically, with its own funds it would lend money on the security of such trust deeds, and then sell interests in the loans and their security to individual public 'investors' (a term which we shall hereafter use). When such interests were sold, Homeowners would collect the loans' agreed payments and distribute them proportionately to investors according to their interests. Generally the investors purchased their interests in the loans through outside brokers who were not otherwise affiliated with Homeowners. Those brokers were paid commissions by Homeowners for their services." In Norman, the court sustained the commissioner's sanction imposed upon the license of one John A. Colistra (respondent's successor to the office of Homeowners' president and "designated real estate broker"). With respect to the "Boyd" transactions the court stated that "Homeowners had patently violated section 10231." (At p. 774.)