Florida Lending Client Intake Questionnaire

Caserta & Spiriti, PLLC

Florida Lending Matter Client Intake & Due Diligence Questionnaire

Confidential

Completion or submission of this questionnaire does not create an attorney-client relationship. Representation begins only after the execution of a written engagement agreement signed by Caserta & Spiriti, PLLC and the prospective client.

Please answer every applicable question. Fields marked with * are required before the questionnaire can be saved for submission.

How to Submit This Questionnaire

This questionnaire does not transmit information directly through the website. Please complete the following steps:

  1. Complete all applicable sections of the questionnaire.
  2. Click Save Completed Form as PDF at the bottom of the page.
  3. When the browser print window opens, choose Save as PDF as the printer or destination.
  4. Save the completed PDF questionnaire to your computer.
  5. Click Email Questionnaire & Documents.
  6. Attach the completed PDF questionnaire and all requested supporting documentation to the email before sending it.

Send the completed questionnaire and supporting documentation to: info@csgfirm.com

Please do not send Social Security numbers, complete bank-account numbers, passwords, access credentials, or other unnecessary sensitive personal information through ordinary email.

1

Company Information

Prospective client identity and contact details

Entity Type

Primary Contact

2

Ownership Information

Identify each owner holding 10% or more

Name Title Ownership % Address Remove
Attach a separate ownership schedule to the submission email if additional space is needed.
3

Lending Activities

Current business and proposed loan products

Which Products Do You Originate?

4

Florida Lending Plans

Timing, anticipated volume and transaction size

Have you previously originated loans in Florida?
5

Licensing & Regulatory Compliance

Licenses, registrations and NMLS information

Licensing and Registration Status

Registered Mortgage Lender?
Licensed Consumer Finance Company?
Licensed Money Services Business?
Registered or Authorized to Conduct Business in Florida?
Documents to Attach to Your Email

Attach copies of all lending licenses, NMLS records, state registrations, regulatory approvals and applicable certificates of authority.

6

Regulatory History

Investigations, penalties, litigation and insolvency

Has the company or any principal been investigated by a regulator?
Has the company or any principal been fined or assessed a civil penalty?
Has the company or any principal been subject to disciplinary or enforcement action?
Has the company or any principal been sued by borrowers, guarantors or investors?
Has the company or any principal filed bankruptcy or been subject to an insolvency proceeding?
7

Current Loan Documents

Documents currently used by the prospective client

Documents to Attach to Your Email

Attach a complete sample loan package, including all notes, agreements, security instruments, disclosures, notices, servicing documents, default documents and state-specific riders.

8

Lending Structure

Origination, funding, servicing and loan sales

Who Originates the Loans?
Are loans sold, assigned or participated?
9

Underwriting

Borrower evaluation and collateral requirements

Are credit checks performed?
Is income, revenue or cash flow verified?
Is collateral required?
Are personal guarantees required?
Documents to Attach to Your Email

Attach the company’s underwriting guidelines, credit policies, approval procedures, loan committee requirements and business purpose verification procedures.

10

Florida Operations

Offices, employees, loan officers and brokers

Will the company maintain a Florida office?
Will the company employ personnel in Florida?
Will the company use Florida loan officers?
Will the company use Florida brokers or correspondents?
11

Marketing

Advertising channels and Florida solicitation

How Are Loans Marketed?
Do you advertise specifically to Florida residents or businesses?
Documents to Attach to Your Email

Attach copies or screenshots of advertisements, website pages, marketing emails, brochures, social media advertisements, broker materials, scripts and Florida-specific solicitations.

12

Consumer vs. Commercial Lending

Borrower and loan-purpose classification

Will the Florida Loans Be:
13

Interest Rates & Fees

Proposed pricing and borrower charges

14

Compliance Policies

Internal controls and written procedures

Documents to Attach to Your Email

Attach all compliance manuals, AML and KYC policies, OFAC procedures, privacy policies, information-security policies and record-retention policies.

15

Existing Counsel

Current attorneys and authorization to communicate

May Caserta & Spiriti, PLLC communicate with existing counsel regarding this matter?
16

Requested Legal Services

Scope of assistance requested from the firm

17

Documents Required Before Engagement

Documents to include with the submission email

Corporate Documents

Regulatory Documents

Loan Documents

Insurance and Financial Documents

Financial statements: Optional unless specifically requested by the firm following its preliminary conflicts, licensing and scope review.
Submission Reminder

Attach the applicable documents listed above to the same email as the completed PDF questionnaire. Large files may need to be divided among multiple emails or provided through a secure document-sharing link.

18

Conflict Check

Relevant entities, individuals and adverse parties

Include full legal names, trade names and known aliases.
Additional Conflict Information

Attach a separate conflict-check schedule if additional space is needed or if the matter involves numerous affiliates, investors, counterparties or adverse parties.

19

Certification

Authorized representative certification

Typing your full legal name constitutes an electronic signature for intake and evaluation purposes.

Additional Recommended Documents and Information

A prospective private lender seeking to originate loans in Florida should also provide the following:

  • Current Pennsylvania lending license or licenses and all licenses held in other states.
  • NMLS Company Record, Unique Identifier and applicable individual NMLS records.
  • Sample underwriting guidelines and credit approval procedures.
  • A complete list of all loan products proposed for Florida.
  • Confirmation whether loans will be consumer-purpose, commercial-purpose, business-purpose or a combination.
  • Confirmation whether loans will be secured by Florida real property, other collateral or will be unsecured.
  • Identification of any mortgage brokers, correspondents, referral partners or loan officers to be used.
  • Identification of existing Florida compliance counsel or licensing consultants.
  • Copies of existing legal opinions or compliance memoranda relating to the lending program.
  • Current loan servicing procedures and any third-party servicing agreements.
This intake package is intended to assist the firm in conducting a preliminary conflict review, evaluating the proposed Florida lending program, identifying potential licensing and regulatory issues, and preparing an appropriate engagement proposal and fee estimate.
Caserta & Spiriti, PLLC
Submission of this questionnaire does not create an attorney-client relationship and does not obligate the firm to accept the matter.
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