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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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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 ...
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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, ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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. ...
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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.” ...