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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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Bankruptcy filings by distressed borrowers create immediate uncertainty for secured lenders holding real estate loans, equipment financing, or other collateralized debt. While bankruptcy law provides ...
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Legal Eligibility Foreign nationals have the right to buy real estate in the U.S., and private lenders can lend to them, provided they comply with ...
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Proper recordkeeping is one of the most overlooked yet critically important compliance obligations facing California real estate professionals. While the day-to-day demands of closing transactions ...
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Private lenders must carefully review the laws of each state they lend in. Licensing, interest limits, disclosures, and foreclosure laws can differ significantly. Non-compliance can ...
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California Senate Bill 978 fundamentally changed construction lending compliance for broker-arranged loans when it became law in September 2012. More than a decade later, many ...
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Mortgage loan modifications remain one of the most effective tools private lenders have for managing distressed loans without resorting to foreclosure. When a borrower can ...
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Closing a real estate loan is a choreography. The title underwriter issues the policy, but the actual closing — the document execution, the funds disbursement, ...
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As we reach mid-2025, significant changes to the U.S. anti-money laundering (AML) regulatory landscape are taking effect—impacting private lenders, financial institutions, and compliance officers nationwide. ...
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Real estate brokers operating in California face complex regulatory requirements administered by the California Department of Real Estate (DRE). Understanding and maintaining compliance with DRE ...
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The cannabis industry has experienced unprecedented transformation over the past several years, creating both opportunities and complexities for private lenders. As of 2025, the legal ...
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By now, most of our clients obtain personal guaranties on all their loans. However, almost as if it is an afterthought, they don’t know what ...
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For private lenders, obtaining the proper licensing is a crucial step toward legally operating and building a trustworthy lending business. Navigating the complex and varied ...