Let me start by stating that this type of behavior is NEVER ACCEPTABLE. These guys got what they deserved and there is never enough punishment to make up for this openly criminal behavior.
Unfortunately, upfront fees and due diligence cost are a reality and anyone pursuing a commercial loan needs to be aware that just because a lender or mortgage broker asks for an up front fee, does not mean that they are crooks. Indeed, HUD multifamily government loans can cost well in excess of $100,000s of thousands of dollars with no assurance that the loan will fund.
As for what is a large up front fee? I think that the issue is where the money is going and the difference between fees and deposits. Below are some typical fees that most investors should expect to pay upfront. In the commercial world, there is seldom a relationship between these cost and the loan amount hence the cost for a small loan can easily seam overwhelming.
1. Environmental - $1,500 to Open
2. Appraisal - $2,500 and up to $15,000
3. Due Diligence - $500 to Open - Most FHA HUD MAP lenders charge $2500 to $10000
4. Lender Legal fees - Open
5. Engineering Reviews PCNA's - $1,500 and Up
6. Title Review - $500 and up
7. Lender Application Fees. -Open
8. Market Studies - $1500 and up
9. Packaging and Preparation fees $500 and up
These are by no means all the legitimate upfront fees and they do not include your cost to prepare the documents you need for the lender which can be very costly. Again using the FHA HUD MAP program, they require full and complete architect plans. These can cost into the $100,000's. Nor does this include the actual funding cost such as success fees, commitments, closing, and legal fees.
Many lenders and mortgage brokers require a deposit. This is usually a good faith deposit and is applied to the costs as they are incurred. They do this in part to know that you are serious and not just shopping around. Additionally, many borrowers start to get cold feet when they realize that the underwriting may not yield the funds they expected and demand their money back. The problem is that the lender has already undertaken the commitment to third parties and as such the money is gone. Most lenders and mortgage brokers make little to no money in the loan application process and usually do not even cover their overhead associated with the application.
Let me state again that I am not defending these guys, but rather saying that just like residential loans, there is a cost to get a loan. due to the much more complicated nature of commercial loans, the due diligence and processing cost are significantly higher.
My advice is that anyone who tells you that you can get funded, without spending significant money, probably will not get you funded. For me, my radar starts flashing when a lender tells me that they can begin to fund the top tiers of the capital stack. As for the fees, the reason these guys got away with this for so long is that $10,000 is not out of line, in fact it is actually on the low end.