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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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California's coastline with overlaid legislative boundary lines

Navigating lending compliance in California requires expertise across multiple regulatory frameworks. Private lenders face oversight from both state and federal agencies, with requirements varying based ...

A split document spread a lis pendens on the left representing judicial foreclosure

When a borrower stops making payments, California private lenders face a critical decision: how to pursue recovery most effectively. The state offers multiple pathways for ...

Geraci LLP law firm office

Usury laws in New York set strict limits on the interest rates lenders can charge on loans. Under New York law, the civil usury limit ...

Geraci LLP law firm office

The private lending industry in New York is an essential part of real estate financing, providing borrowers with access to funds when traditional banks cannot ...

Painterly illustration of a single large commercial loan visualized as a river that splits into

Loan participations are one of the most useful capital tools in private lending and one of the most misunderstood. Done correctly, a participation lets a ...

Cinematic close-up of an escrow officer's desk at the critical hour of a closing

In private lending, the difference between a deal that closes on schedule and one that collapses at the finish line often comes down to a ...

Geraci LLP law firm office

Fund formation in New York requires deep knowledge of securities law, regulatory issues, and complex fund structures. Private equity funds, venture capital funds, hedge funds, ...

A dramatic cross-section illustration of a multi-story commercial building under construction: the

Mezzanine financing occupies a critical position in the capital stack for commercial real estate transactions, and private lenders who understand its mechanics gain access to ...

A California lender's default response binder loss mitigation checklist

When a borrower defaults on a private lending obligation in California, the lender faces a complex matrix of enforcement options, each carrying distinct legal requirements, ...

Geraci LLP law firm office

The foreclosure process in New York is a complex process that can overwhelm many homeowners facing foreclosure. Under New York law, a lender files a ...

Geraci LLP law firm office

Construction law in New York governs the construction process, real estate development projects, and the many legal issues that arise from construction projects across the ...

A business-purpose certification form beside a borrower financial statement the intent

Private lenders face a wide range of risks, from regulatory compliance challenges to shifting market conditions. One of the most insidious threats, however, comes from ...