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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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The construction industry in Arizona faces unique legal challenges, especially when financing and lending are involved. Property owners, general contractors, construction suppliers, and financial institutions ...
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The Section 199A qualified business income (QBI) deduction has driven significant structural decisions in the private lending industry since its 2017 enactment. As private lenders ...
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Raising capital in Arizona requires careful attention to blue sky laws and securities filings. Whether you are planning securities offerings, issuing bonds, or attracting potential ...
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Acquiring claims in bankruptcy proceedings has grown into a well-established secondary market, attracting private lenders and investment firms seeking discounted debt positions. While the potential ...
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The non-qualified mortgage sector continues to face mounting fraud challenges, with several industry participants taking aggressive steps to shield their portfolios from exposure. An increasing ...
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When borrowers default on secured loans involving personal property, lenders face a critical question: how do you recover your collateral when the debtor refuses to ...
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The cannabis industry continues to present a compelling, if complicated, opportunity for private lenders. As of 2025, 24 states plus the District of Columbia have ...
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For private lenders operating in California, few legal developments have generated more compliance questions in recent years than the bankruptcy court decision in In re ...
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The U.S. Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo marks a turning point in administrative law and its ripple effects are already ...
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After completing a foreclosure sale, private lenders often discover that the real challenge is just beginning. Former borrowers, holdover tenants, and unauthorized occupants may remain ...
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One of the most persistent misconceptions in the private lending industry is that business purpose loans secured by residential real estate do not require state ...
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U.S. real estate continues to attract substantial interest from international investors. Stable property values, attractive yields, and the relative strength of the American economy make ...