Articles by deBanked Staff
Early bird pricing to Broker Fair 2022, taking place this October 24th at the New York Marriott Marquis in Times Square, ends soon. This large annual commercial finance expo has already sold out the top level sponsorships. Among the premier names are National Funding, Lendini, and Rapid Finance as Platinum Sponsors and Balboa Capital, Fintap, ROK Financial, and Ocrolus as Gold Sponsors.
This event brings together brokers, lenders, funders, vendors, and more from around the small business finance industry. Attendees can expect education, inspiration, networking opportunities, and more.
The US Chamber of Commerce is not thrilled with the CFPB’s attempt to allegedly expand its power. A June 28 letter fired off by the Chamber to CFPB Director Rohit Chopra asks that the agency rescind amendments added to its Supervision and Examination Manual. Specifically, it wants the CFPB to limit its enforcement of anti-discrimination laws to the statutory boundaries established by congress. The CFPB recently announced, however, that it would start to enforce its own self-created anti-discrimination rules and policies above and beyond what is permitted by existing law.
“The Bureau’s self-expansion of its authority will impose significant burdens on banks, financial markets, and the consumers they serve,” the Chamber writes.
CFPB Director Chopra has garnered a bit of reputation for his views. He was previously a director of the FTC and rode into the top role of the CFPB through the Biden Administration. Chopra now finds himself in the crosshairs of the US Chamber of Commerce, the “world’s largest business organization.” With more than three million members, the Chamber warned that if the agency attempts to enforce its “unlawful” powers, that it is prepared to engage in litigation.
“Instead of perpetuating an improper exercise of authority, the Bureau should respect the limits of its authority and rescind these troubling amendments,” the Chamber’s Chief Counsel wrote on “Litigation Center” letterhead. “We encourage you to follow this course. The Chamber will not hesitate to take legal action to defend businesses (and the economy that they serve) against the Bureau’s unlawful actions.”
Two versions of the letter were sent. This is a link to one of them.
Remember when Virginia passed a landmark sales-based financing law? Well, it’s supposed to go into effect on July 1st.
This is a draft of what the disclosure form is supposed to look like, though with only days left to begin compliance, it hasn’t even been 100% finalized.
Notably, funders will have to begin disclosing to merchants the amount of compensation being paid to the broker in connection with a deal. Also, by November 1st, funders and brokers will have to register their business with the State if they wish to continue working with Virginia-based businesses, a process that would include a background check and registration fees.
Please consult an attorney for official guidance on compliance.
“Given current market conditions, the Company announces that LoanMe, Inc. (“LoanMe”), a subsidiary of the Company, will cease loan originations,” the statement read. “As a result, LoanMe has reduced its workforce and will continue to service outstanding loans that were previously originated. The Company decided to make these strategic changes to the business of LoanMe to better reflect the areas of focus and growth at NextPoint and to take into account existing market dynamics.”
The circumstances with LoanMe have apparently contributed to NextPoint’s failure to file its year-end 2021 and Q1 2022 financials, which are claimed to be forthcoming. NextPoint is publicly traded on the Toronto Stock Exchange. The sunsetting of LoanMe is oddly timed given that NextPoint only just acquired LoanMe last year and because LoanMe was one of its two primary business operations. NextPoint was a SPAC that also acquired Liberty Tax at the same time.
Although NextPoint cites “current market conditions,” a recent lawsuit filed by LoanMe against a loan servicer suggests that there may have been other issues at play as well.
Sean Murray is scheduled to speak at the NFT NYC Conference this afternoon about the use of NFTs in the small business lending market. NFT NYC is a 4-day event dedicated to the subject of non-fungible tokens. Blockchains present a possible solution to some inefficiencies that exist in the small business finance industry. Some or all of Murray’s presentation will be shared on deBanked.
Here’s a short preview of what’s going at NFT NYC:
At least two public-facing employees of LoanMe have stated that the company has stopped originating business loans. Both believe that this is permanent.
The news may seem rather abrupt given that NextPoint Financial, a new publicly traded SPAC, just completed its acquisition of LoanMe less than a year ago. NextPoint apparently had second thoughts because in March it announced that it may have overpaid for LoanMe after reviewing its financial calculations. It stated that it would commence a review of the matter and report back. No determination to that end, if one were made, was subsequently announced.
NextPoint has since delayed filings of its year-end 2021 and Q1 2022 statements on the basis that it had not yet been able to finalize the books for LoanMe and another newly acquired subsidiary named Community Tax LLC. In doing so, it did not suggest that anything was awry.
Separately, however, LoanMe sued a loan servicing company in Delaware Superior Court on May 9th under seal for allegedly breaching a contract. The case was unsealed on June 10th. Three days later, two LoanMe employees say that they received notice that the company was shuttering.
The Senior National Accounts Manager wrote on social media, “yes, LoanMe is permanently closing. The powers that be at our parent holding company, NextPoint Financial, decided it was time to pull the plug.”
Michigan-headquartered Credibly has confirmed it acquired ProApprove, a specialty finance company offering home improvement financing solutions. The deal, which it said actually took place in 2021, is now front-and-center because of an agreement Credibly has secured with Castlelake, a global alternative investment firm, for the purchase of up to $350M in home installment contract receivables originated by ProApprove.
“Through conversations with contractors who obtain financing from Credibly, we identified a significant market opportunity in the home improvement space,” said Ryan Rosett, co-founder and co-CEO of Credibly.
“We are pleased to support the expansion of ProApprove’s home improvement financing program at a time when there is increased demand for financing solutions from homeowners across the U.S.,” said, Matt Little, Partner, Global Specialty Finance and Business Development & Capital Markets at Castlelake. “We believe that ProApprove’s parent Credibly has established itself as an experienced commercial lending platform with a keen focus on risk. We believe this transaction provides an opportunity to support a new product for Credibly in a historically underserved consumer market.”
The news follows the announcement that Credibly had secured a $50M credit facility for its core small business lending business. At the time, Credibly CFO Michael Seneski said of it, “The cost savings resulting from the refinance, coupled with the new financing facility, further solidifies our position as a leader in providing capital to SMBs and will be used to accelerate our aggressive growth trajectory.”
Credibly was founded in 2010.
No More Delays? California Finalizes Commercial Financing Disclosure Rules – Sets December 9th as Effective DateJune 9, 2022
Four years after California passed a commercial financing disclosure law, the debate over what the final rules should be has finally ended. On Thursday, the Department of Financial Protection and Innovation’s rules were approved and published. The law is scheduled to take effect on December 9, 2022.
Given the length and complexity, readers are advised to consult with a knowledgeable attorney for the best immediate interpretation of the language and its implications. The rules cover merchant cash advance, factoring, leasing, and various forms of lending.
To read up on the history of this law, you can review our past coverage.