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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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A county recorder's office window at 4:58pm a stack of deeds waiting to be stamped

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 ...

A Regulation D offering memorandum spread flat on a mahogany surface exemption codes circled in

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. ...

A portfolio of four distinct commercial properties

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 ...

A loan file under forensic examination pages spread across a light table

Fraud in the private lending space is no longer an occasional anomaly — it has become a persistent and growing threat that every lender, fund ...

A bank lockbox key and a rent deposit ledger side by side the key tagged with a property

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 ...

An editorial split-frame: on the left, a desk buried in manually assembled loan packages with

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 ...

NMLS license renewal guide - Geraci LLP

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 ...

A fund formation blueprint spread across an architectural light table the REIT conversion

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 ...

An audit workpaper spread on a desk reconciliation schedules, trial balances

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 ...

A distressed commercial construction site at mid-morning scaffolding intact but idle

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 ...

A pair of diverging paths on a surveyor's field map one marked temporary deferral

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 ...

A fraud detection workstation at night dual monitors showing loan comparison overlays

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 ...