“That’s All Folks! COJ Ban in New York May Pass on Wednesday” - Page 2
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  1. #26
    Quote Originally Posted by J.Celifarco View Post
    I see a lot of companies lines either being re-evaluated or possibly cutoff when they can no longer use COJ's
    Agreed. A lot of companies have terrible default rates and never cared due to COJs. Once their books are re-evaulated under the new reality, all of those advances they never should've funded (if using sane underwriting guidelines) are going to come back to bite them. Their portfolio won't look profitable without the easy COJ collections.

  2. #27
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    Quote Originally Posted by FundingTap123 View Post
    Chrome Capital sweet spot will remain 3-6th position advances needing 100-600k same day up to 7.5 month terms. This will be with or without COJ. Most of Chrome collections is done by having close relationships and working out payment plans with merchants.

    Chrome also offers an mca credit line whereas if we merchant doesn’t stack they will be eligible for additional funds every month like clockwork.

    A lot of clients also get effective 1.19 rates after early pay discount is factored in.
    Is what you are saying is that you do not rely on coj but more on the first 2 positions underwriting? Up to what percentage of gross will you take someone?

  3. #28
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    Quote Originally Posted by abfunders View Post
    I have one big question: If it passes, what will that do to the deals in our pipelines that are more than 90 days in their term?
    pre existing condition and obligated to the term of the contract,
    Steven Jones
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  4. #29
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    Quote Originally Posted by OC Funder View Post
    Agreed. A lot of companies have terrible default rates and never cared due to COJs. Once their books are re-evaulated under the new reality, all of those advances they never should've funded (if using sane underwriting guidelines) are going to come back to bite them. Their portfolio won't look profitable without the easy COJ collections.
    what a lie - COJs are effective 1% of the time

  5. #30
    Aren't we all basically COJ users on some level? A PSF is basically just an upfront COJ

    All positions should be underwritten equally--like the way you would underwrite for a credit card. Credit card companies don't care if you have an Amex AND a Chase card.
    First position with garbage credit-- shorter term
    5th position with great cash flow and good credit-- longer term

  6. #31
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    Quote Originally Posted by VeganFunder View Post
    Aren't we all basically COJ users on some level? A PSF is basically just an upfront COJ

    All positions should be underwritten equally--like the way you would underwrite for a credit card. Credit card companies don't care if you have an Amex AND a Chase card.
    First position with garbage credit-- shorter term
    5th position with great cash flow and good credit-- longer term
    dude you sound like a vegan

  7. #32
    Quote Originally Posted by abfunders View Post
    I have one big question: If it passes, what will that do to the deals in our pipelines that are more than 90 days in their term?
    The law prevents the filing of COJs, so it wouldn't surprise me if multiple funders mass-file COJs, even on performing accounts, right before the law goes into effect so they can perfect. Anyone who had a single NSF or any other technical default could easily be subject to this.

  8. #33
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    wouldnt lenders just set up offices in other states and file the COJ in that state if it gets banned in NY? not sure how COJ filings work

  9. #34
    Totally agree. I have a COJ in most of my contracts and I think I actually got paid because of the COJ two times total. IMO lots of funders only insist on the COJ now because there are certain other funders who use their COJ as a means to do whatever they want. If nobody has the power of COJ's the people with the most to lose are the ones who abuse it. The ones who use it rarely but have to have it to protect themselves actually gain from them being banned.

  10. #35
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    Partys over

  11. #36
    Senior Member Reputation points: 11887 KINGCASH's Avatar
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    Quote Originally Posted by SmartAdvanced View Post
    dude you sound like a vegan
    Red flag??

  12. #37
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    I hope this wont affect Mantis, stacking fundkite lol

  13. #38
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    pray for mantis

  14. #39
    Veteran Reputation points: 135672 Chambo's Avatar
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    Quote Originally Posted by abfunders View Post
    I have one big question: If it passes, what will that do to the deals in our pipelines that are more than 90 days in their term?
    State Legislatures do not operate like Cash Advance companies. It would take effect whenever the posted date is, no ifs, ands or butts...they don't care what is already in the pipeline

  15. #40
    Veteran Reputation points: 159073 J.Celifarco's Avatar
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    Quote Originally Posted by Chambo View Post
    State Legislatures do not operate like Cash Advance companies. It would take effect whenever the posted date is, no ifs, ands or butts...they don't care what is already in the pipeline
    what I want to know is if the date the law goes into effect is the date the COJ needs to be signed before or as of that date no more can be filed no matter when they were signed. Is the pile of COJ's that all these funders have for their existing merchants about to turn into a pile of toilet paper or will already signed COJ's for active merchants still be able to be filed
    John Celifarco
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  16. #41
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    Quote Originally Posted by J.Celifarco View Post
    what I want to know is if the date the law goes into effect is the date the COJ needs to be signed before or as of that date no more can be filed no matter when they were signed. Is the pile of COJ's that all these funders have for their existing merchants about to turn into a pile of toilet paper or will already signed COJ's for active merchants still be able to be filed
    More than likely.... The date the law goes into effect is the date COJs are not longer valid....past, present, and future.
    Kevin Henry
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  17. #42
    Veteran Reputation points: 159073 J.Celifarco's Avatar
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    Quote Originally Posted by Kevin Henry-Seacoast View Post
    More than likely.... The date the law goes into effect is the date COJs are not longer valid....past, present, and future.
    that is what I thought as well but was not completely sure
    John Celifarco
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    Horizon Funding Group

    3423 Ave S
    Brooklyn, NY 11234
    T: (347) 773-3990 | F: (718) 795-1990
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    Email: john@horizonfundinggroup.com

  18. #43
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    ohh wow I thought ones that have been signed were still good and going forward they would not be valid anymore. What happens if law passes then, merchants get wind and say F-U lender and default on everyone since lender can't collect now? Can't lender still sue then or does that become a wash as well since money is supposed to be unsecured and no collateral

  19. #44
    Veteran Reputation points: 159073 J.Celifarco's Avatar
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    Quote Originally Posted by Sachip24 View Post
    ohh wow I thought ones that have been signed were still good and going forward they would not be valid anymore. What happens if law passes then, merchants get wind and say F-U lender and default on everyone since lender can't collect now? Can't lender still sue then or does that become a wash as well since money is supposed to be unsecured and no collateral
    it will come down to how it was before COJ's. Regular collections and who filed UCC's
    John Celifarco
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    Horizon Funding Group

    3423 Ave S
    Brooklyn, NY 11234
    T: (347) 773-3990 | F: (718) 795-1990
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    Email: john@horizonfundinggroup.com

  20. #45
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    Sachip24-If the client defaults because the COJ was deemed not legal, the finance company can certainly sue them to get their money back. A court would not take to kindly of somebody purposely defaulting on an obligation because part of the agreement contained an instrument that can no longer be used. They could likely get pinned for fraud.

    KH
    Kevin Henry
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  21. #46
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    Of course.... If a funder took a client to court who defaulted on their advance because a COJ was deemed not enforceable said funder would also be in a court room with everyone they stacked.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

  22. #47
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    Quote Originally Posted by Kevin Henry-Seacoast View Post
    Of course.... If a funder took a client to court who defaulted on their advance because a COJ was deemed not enforceable said funder would also be in a court room with everyone they stacked.
    lol this is about to get interesting

  23. #48
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    Quote Originally Posted by Sachip24 View Post
    lol this is about to get interesting
    If you think this is interesting..... Wait until some of the banks that are getting stacked start defending their agreements with customers. Some have been playing nice because the clients are still somewhat current, but that comes to a screeching halt if the lender that was stacked has a client go sideways on them because they were stacked. Default, accounts locked down, reporting requirements tightened, work-out, forbearance agreements, or files a judgement so they can collect.
    Kevin Henry
    VP-Business Development
    Seacoast Business Funding, a division of Seacoast Bank
    561-850-9346
    Kevin.Henry@SeacoastBF.com
    1880 N Congress Ave., Suite 404
    Boynton Beach, FL 33426

  24. #49
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    anyone know what time the two bills are hitting the floor to get passed or declined?

  25. #50
    Veteran Reputation points: 159073 J.Celifarco's Avatar
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    Quote Originally Posted by Sachip24 View Post
    lol this is about to get interesting
    interesting is going to be when funders lines start getting cut or revoked and they don't have money to operate.
    John Celifarco
    Managing Partner
    Horizon Funding Group

    3423 Ave S
    Brooklyn, NY 11234
    T: (347) 773-3990 | F: (718) 795-1990
    Linkedin: Profile
    Email: john@horizonfundinggroup.com

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