In private lending, the strength of your deal is only as good as the documents backing it. Whether you’re originating a bridge loan, funding a fix-and-flip, or managing a construction draw, customized, enforceable loan documents are the cornerstone of your protection and profitability.
At Geraci LLP, we provide private lenders with comprehensive loan documentation and transactional support, ensuring that each deal is legally sound, compliant with state and federal laws, and tailored to your lending model.
What Is Loan Documentation in Private Lending?
Loan documentation refers to the set of legal contracts and disclosures that govern a real estate loan transaction. It defines the rights and obligations of the lender and borrower, secures the collateral, and outlines remedies in the event of default.
Core Documents We Prepare Include:
- Promissory Note
- Deed of Trust or Mortgage
- Loan Agreement
- Personal and Corporate Guarantees
- Security Agreements
- Assignment of Rents and Leases
- Construction Loan Agreements
- Loan Servicing Agreements
- Cross-Collateralization & Cross-Default Clauses
Why Custom Loan Documents Matter
Too often, lenders rely on outdated or off-the-shelf templates that fail to address the unique nuances of private lending transactions. This can expose them to unnecessary regulatory, litigation, or collateral recovery risk.
A well-drafted loan package:
- Protects the lender’s security interest
- Clarifies repayment terms and events of default
- Enhances enforceability in foreclosure or litigation
- Adapts to local state laws and licensing rules
- Aligns with your business model (e.g., fix-and-flip, ground-up construction, interest-only loans)
One-size-fits-all documents don’t work in private lending. Every deal, property type, and borrower profile needs custom treatment.
Regulatory Compliance Built In
Geraci LLP ensures your loan documents are compliant with applicable lending laws, including:
- Usury limitations by state
- Business purpose loan disclosures
- Truth in Lending Act (TILA) exemptions
- SAFE Act and licensing analysis
- Dodd-Frank compliance (if applicable)
- Consumer vs. commercial purpose distinctions
We also prepare state-specific foreclosure language, loan maturity provisions, and non-judicial vs. judicial remedy frameworks based on your location.
Specialized Loan Types We Support
- Construction Loans: Draw schedules, lien waivers, retainage provisions
- Fix-and-Flip Loans: Fast-close documents with rehab holdbacks
- Commercial Bridge Loans: Custom default remedies and lockout terms
- Business-Purpose Loans: TILA exemption guidance and proper disclosures
- Loan Purchase & Sale Agreements: Asset transfers and participations
- Mezzanine or Equity Hybrid Structures: Intercreditor agreements and subordination
Our Transactional Support Services
In addition to drafting, Geraci LLP provides:
- Borrower due diligence review
- Entity formation or authorization checks
- Title and lien review in coordination with title companies
- Closing checklists and escrow coordination
- Loan servicing agreement preparation (if using a third-party servicer)
- Assignment and participation documentation for post-closing transfers
Who We Serve
- Private & hard money lenders
- Real estate investors and developers
- Mortgage pool funds and note buyers
- Loan brokers and originators
- Family offices and alternative credit platforms
Ready to Elevate Your Lending Documents?
If you’re still using generic templates or relying on piecemeal paperwork, it’s time to upgrade. With Geraci LLP’s loan documentation and transactional legal support, your next loan deal will be enforceable, compliant, and lender-protected from day one.
Contact us today to schedule a consultation and customize your lending document suite.
