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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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Multistate Lending A Strategic Licensing And Compliance Guide For Private Lenders In 2025 - Geraci LLP

Published: December 2023 | Updated: January 2025 By Geraci LLP Banking & Finance and Corporate Teams Executive Summary Expanding private lending operations across state lines ...

Do foreign investors need a lending license in Florida - Geraci LLP

Florida has become a leading destination for foreign national loans due to the strength of the Florida real estate market. International buyers and foreign investors ...

Legal documents and law firm - Geraci LLP

When talking about collateralization in real estate, the term defines the act of using an asset as collateral to secure a loan. The owner of ...

Offshore Investment In U S Private Lending Tax Securities And Compliance Guide For - Geraci LLP

Published: August 2023 | Updated: January 2025 By Geraci LLP Corporate & Securities Team Executive Summary U.S. real estate and private lending investments attract substantial ...

Compliance guide for private lenders - Geraci LLP

Private lending has become an important financing option outside traditional banks, providing flexible capital solutions to borrowers in real estate, small business, and beyond. However, ...

Checklist for lending to foreign nationals in the U.S. - Geraci LLP

Borrower Identification & Verification (KYC / AML) Verify identity using government-issued photo ID (passport, visa, foreign driver’s license). Obtain Social Security Number (SSN) or Individual ...

Vendor Bankruptcy Strategic Creditor Protection For Private Lenders - Geraci LLP

By Anthony Geraci, Esq. | Founder, Geraci LLP Published: November 2021 | Updated: January 2025 Private lenders depend on various third-party vendors and service providers ...

Can Canadian buyers get private loans for US real estate - Geraci LLP

Are you a Canadian looking to buy real estate in the United States? You’re not alone — cross-border real estate investments have become increasingly popular. ...

Can a lender foreclose faster in Texas - Geraci LLP

When mortgage payments fall behind, the foreclosure process begins quickly in Texas compared to many other states. Texas law allows lenders to use Non-judicial foreclosure, ...

Lien Subordination A Comprehensive Guide For Private Lenders In 2025 - Geraci LLP

Published: December 2020 | Updated: January 2025 By Geraci LLP Banking & Finance Team Executive Summary Lien priority determines which creditor gets paid first when ...

Real estate property - Geraci LLP

Introduction Business purpose loans to individuals secured by residential property represent a niche, yet significant, segment of the private lending market. These loans differ from ...

Blue sky filing cheat sheet - Geraci LLP

State Filing Required? Filing Deadline Regulatory Authority Notes Alabama Yes Within 15 days of first sale Alabama Securities Commission File Form D + state fee ...