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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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Maryland significantly modernized its mortgage lending regulatory framework in 2024-2025, creating substantial changes for lenders operating in the state. These revisions affect licensing requirements, exemptions, ...
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Fund Formation & Capital Raising Mortgage/Real Estate Fund Structuring Private Placement Memorandum (PPM) Drafting Operating Agreements / LP Agreements Regulation D (506(b) and 506(c)) Compliance ...
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For private lenders securing loans against income-producing real property, protecting access to rental cash flow is one of the most important tools in a well-structured ...
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Published: March 2024 | Updated: January 2025 By Geraci LLP Corporate & Securities Team Executive Summary Private lenders financing real estate investors through business-purpose loans ...
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Published: May 2024 | Updated: January 2025 By Geraci LLP Banking & Finance Team Understanding Usury: Balancing Fair Returns with Borrower Protection Usury laws establish ...
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Private lending has become an increasingly attractive alternative to traditional financing, offering lenders the ability to invest directly in real estate, small businesses, and other ...
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Published: February 2024 | Updated: January 2025 By Geraci LLP Litigation Team Executive Summary Proper service of process stands as the jurisdictional foundation for every ...
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Private lending funds have become a popular vehicle for investors seeking higher returns and direct control over their investments. But forming a private lending fund ...
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What is Anti-Money Laundering (AML)? AML refers to a set of laws, regulations, and procedures designed to prevent criminals from disguising illegally obtained funds as ...
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Understanding Late Charge Requirements for California Lenders Few provisions in a promissory note generate as much confusion as the late charge. Private lenders frequently request ...
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At Geraci LLP, we understand the unique challenges private lenders face in today’s dynamic lending environment. Two critical legal areas that every private lender should ...
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Private lenders are probably familiar with the Patriot Act, which was implemented in the aftermath of 9/11. However, they may not be aware that this ...