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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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Introduction: Managing Early Payoff Risk Prepayment penalties—more accurately termed “prepayment premiums”—serve as compensation mechanisms when borrowers repay mortgage loans before anticipated maturity dates. When loans ...
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Mortgage REITs have gained significant traction among private lending fund managers over the past several years, and their popularity continues to grow in 2025. The ...
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For private lenders and fund managers active in construction and renovation financing, few risks are as consequential as an unexpected mechanics lien claiming priority over ...
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For a private lender or mortgage fund, foreclosure is the legal endpoint of a non-performing loan and the financial midpoint of a recovery cycle that ...
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Post-closing changes to loan documents arise with some regularity in private lending—whether due to clerical errors discovered after funding, mutual decisions to adjust material loan ...
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Usury law is the compliance topic private lenders most often misunderstand and most often regret misunderstanding. Charge an interest rate above what state law allows ...
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Expanding a private lending operation beyond a single state is one of the most significant growth milestones for any originator or mortgage fund. It also ...
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The private lending industry operates in cycles, and 2025 presents a market environment that demands careful, deliberate decision-making. Elevated interest rates, shifting property values in ...
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Among the various sectors within commercial real estate, multifamily properties have consistently demonstrated superior performance characteristics across economic cycles. For private lenders, fund managers, and ...
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California’s legislative landscape for private lending shifted significantly when Governor Newsom signed AB 2424 into law on September 20, 2024. Effective January 1, 2025, this ...
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The global private credit market is on track to surpass $1.67 trillion in 2025, driven by institutional demand, bank retrenchment, and an expanding base of ...
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Florida’s regulatory treatment of business purpose mortgage lending has experienced significant attention over the past several years. Understanding the current licensing requirements—and how they compare ...