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