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Avoiding Marshalling

Cross-Collateralized Lenders May Face Litigation from Junior Lienholders Private lenders with cross-collateralized assets typically have extra security but face a unique challenge: junior lienholders who have no other source of assets from the same creditor can sue to force the lender into focusing on a different collateral or even get...

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Geraci LLP law firm office

Business purpose loans are nontraditional mortgage loans where a borrower uses loan proceeds for a non-consumer purpose. A non-consumer purpose means any loan in which ...

A loan agreement spread to the signature pages borrower, lender, guarantor

Private lending transactions involve more than just a lender handing money to a borrower. A well-structured loan agreement identifies each participant, defines their legal obligations, ...

A broker commission agreement and a bankruptcy filing side by side on a desk the commission

Real estate brokers who find themselves involved in transactions where the property becomes part of a bankruptcy estate face a critical question: Can I still ...

Geraci LLP social media legal content

I’m sure you have wondered if your social media strategy is doing more than just looking pretty and giving your marketing team something to do. ...

SEC compliance checklist for private lenders - Geraci LLP

This checklist helps private lenders stay compliant with federal securities laws when raising capital, forming funds, or offering investment opportunities. Note: This is a general ...

A vendor contract and a Chapter 11 reorganization plan spread on a creditor's desk critical

Managing a lending operation means maintaining relationships with dozens of vendors, borrowers, and service providers. When one of those critical partners files for bankruptcy, the ...

A fund formation whiteboard photographed in a partner's office gestational capital flow arrows

The Evolution of Capital Sources in Private Lending Private lending has undergone a fundamental transformation over the past decade. What was once a fragmented industry ...

Real estate property investment - Geraci LLP

California lenders, take a breath. A recent ruling, In re Moon, and the resulting passage of SB 1146 may have flown under the radar—but they ...

Legal documents review - Geraci LLP

For years, the once-glamorous REIT structure fell out of favor with private lenders and fund managers. But the landscape has changed—dramatically. Thanks to the passage ...

A cinematic close-up of a broker's ledger entries reflected in the glass of a secured vault door

California Department of Real Estate (DRE) regulations impose strict requirements on how brokers handle client funds and fees. Violations can result in license suspension, fines, ...

REIT law in the United States - Geraci LLP

REITs are companies that own, operate, or finance income-generating real estate. They allow investors to invest in large-scale real estate without directly buying properties.   ...

Geraci LLP blog article

It’s almost impossible to go a single day without hearing about artificial intelligence (AI). From headlines to heated debates, AI is having its “internet moment.” ...