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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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Every experienced real estate professional knows that title insurance is essential to protecting lenders and owners from defects in the chain of title. But a ...
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When private lenders and fund managers seek to raise capital, one of the most consequential decisions they face is how to structure their securities offering. ...
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Portfolio lending presents unique title insurance challenges that don’t arise in single-property transactions. Lenders securing loans with multiple properties must understand how to structure title ...
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Fraud in the private lending space is no longer an occasional anomaly — it has become a persistent and growing threat that every lender, fund ...
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Private lenders originating loans for the commercial mortgage-backed securities (CMBS) market frequently encounter lockbox arrangements as a core component of the transaction. These cash management ...
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The Economics That Forced Private Lending to Automate A decade ago, the standard process for producing private loan documents looked roughly the same at every ...
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Missed Your NMLS Renewal? You’re Not Alone This morning, I received an email from a client in full panic. They had logged into NMLS and ...
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The REIT Advantage for Private Lending Operations Real Estate Investment Trusts have become one of the most powerful structural tools available to private lending fund ...
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When a major mortgage company collapses under a $3 billion fraud and the auditors who signed off on its financials face a $5.5 billion lawsuit ...
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When a borrower defaults on a commercial real estate loan, foreclosure is not always the most strategic path to recovery. Receivership offers private lenders a ...
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When a borrower defaults on a private lending obligation, foreclosure is not always the most effective path forward. In many situations, restructuring the loan relationship ...
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Lending fraud is at historically high levels and rising. The post-pandemic combination of cheap AI, aging borrowers more familiar with technology than ever, sophisticated voice-cloning ...