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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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Mezzanine Financing A Comprehensive Guide For Private Lenders In 2025 - Geraci LLP

Published: September 2024 | Updated: January 2025 By Geraci LLP Banking & Finance Team Executive Summary Mezzanine financing occupies the strategic middle ground between senior ...

A private lending team meeting around a whiteboard org chart on the left

The private lending industry has evolved rapidly over the past decade, with firms scaling from small balance sheet lenders into institutional-grade platforms managing billions in ...

A California privacy compliance checklist spread on a legal desk CCPA and CPRA obligations

California’s privacy laws have fundamentally reshaped how businesses collect, use, and share personal data. For private lenders, understanding the California Consumer Privacy Act (CCPA) and ...

A Maryland mortgage licensing application and the updated statutory requirements side by side on a

Maryland has enacted significant changes to its mortgage licensing framework that every private lender operating in the state must understand. Following the Maryland Appellate Court’s ...

A secured creditor's bankruptcy preparedness binder proof of claim forms

Economic cycles inevitably bring waves of borrower distress, and private lenders who fail to prepare for the resulting bankruptcy filings risk significant losses to their ...

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Navigating lending rules in Arizona can feel overwhelming. Whether you are starting as a private lender, expanding your business, or facing disputes in court, every ...

Geraci LLP law firm office

Hard money lending in Arizona plays an important role in real estate transactions and private finance. But lenders and borrowers face strict compliance obligations that, ...

The In re Moon decision spread on a California lender's desk the usury exemption analysis

For private lenders operating in California, loan modifications and forbearance agreements have become a legal minefield following the Ninth Circuit Court of Appeals’ decision in ...

Geraci LLP law firm office

Starting a fund in Arizona means facing decisions that will shape your business for years. Investors, investment managers, and companies entering the world of hedge ...

Geraci LLP law firm office

Financing real estate in Arizona can be complicated for foreign nationals. Different laws, banking regulations, and court requirements come into play when lenders, borrowers, and ...

A multi-state privacy law comparison matrix spread on a compliance analyst's desk —

Private lenders operating across multiple states face an increasingly complex regulatory landscape when it comes to consumer data privacy. Without a unified federal privacy framework, ...

Geraci LLP law firm office

Facing foreclosure in Arizona can be overwhelming. Homeowners often struggle with missed payments, mounting debt, and pressure from a mortgage holder or bank. The risk ...