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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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Ab 130 Essential Compliance Requirements For California Junior Lie 2 - Geraci LLP

On June 30, 2025, California Governor Gavin Newsom signed AB 130 into law, creating immediate and substantial new requirements for lenders foreclosing on subordinate liens ...

Three sections of a securities compliance review spread on a desk each trap category annotated

Private lending is a debt business, but a meaningful portion of every private lending platform’s regulatory exposure lives in securities law. The moment a lender ...

A dramatic split-screen aerial photograph of two real estate transactions closing simultaneously in

Every real estate loan is secured by a written instrument, but not every instrument creates the same rights, the same remedies, or the same exit ...

Cinematic close-up of a yield curve printed on graph paper

Mortgage brokers operate in a competitive landscape where compensation structures can make or break a deal. One of the most important mechanisms available to brokers ...

Three critical REIT compliance challenges - Geraci LLP

Since gaining prominence in private debt fund structures around 2017, Real Estate Investment Trusts have delivered substantial benefits: approximately 20% tax savings through pass-through treatment, ...

California Ab 238 Wildfire Forbearance Impact Analysis For Private Lenders - Geraci LLP

By Anthony Geraci, Esq. | Founder, Geraci LLP Published: March 2025 | Last Updated: March 28, 2025 The devastating wildfires that swept through Los Angeles ...

A warehouse line term sheet and a whole loan sale agreement spread on a capital markets desk —

The capital markets landscape for private lenders has shifted considerably over the past several years. After a period of constrained liquidity and limited secondary market ...

The AB 3108 text spread on a California compliance desk expanded fraud definitions circled

Private lenders and mortgage professionals operating in California face a significant shift in criminal liability under Assembly Bill 3108 (AB 3108). Signed by Governor Newsom ...

A fund structure decision matrix spread on a partner's desk SubREIT and full REIT conversion

Private lending fund managers face a critical structural decision when seeking to unlock the tax advantages associated with real estate investment trust (REIT) status. Two ...

A multi-state lending operations map on a compliance wall active license status by state

Expanding a private lending operation beyond a single state introduces a complex web of regulatory, licensing, and compliance obligations. For business-purpose lenders looking to originate ...

A wide-angle view of a deep concrete drainage channel — clean engineered walls descending sharply — with the suggestion of dark water pooling at the bottom, and a single thin rope line strung across the top as the only safeguard. A metaphor for capital traps in structured fund design, rendered in stark industrial photography with cool overcast light.

The growth of private lending funds has accelerated dramatically, with more sponsors than ever launching debt vehicles to meet investor demand. While the opportunity is ...

A foreclosure property's front door fitted with a notice of default, the paint peeling

Private lenders face a distinct set of challenges when borrowers default. Unlike institutional banks with dedicated loss mitigation departments, private and non-conventional lenders often lack ...