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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 private lending landscape has shifted dramatically over the past several years. What was once a market dominated by fix-and-flip transactions has evolved as distressed ...
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Private lending fund managers face a critical decision in 2025: whether to incorporate a Real Estate Investment Trust (REIT) structure into their operations. With legislative ...
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The Staying Power of the Debt Fund Model As private lending continues its evolution toward greater institutional participation and standardization, a recurring question among industry ...
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Mergers and acquisitions in private lending present unique challenges distinct from traditional business combinations. Unlike conventional M&A transactions involving manufacturing companies or service businesses, lending ...
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More than two years have passed since the California First District Court of Appeal issued its ruling in Honchariw v. FJM Private Mortgage Fund, LLC ...
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Challenging economic conditions often present the greatest opportunities for disciplined private lenders. While market volatility creates risk, strategic lenders who maintain rigorous standards and aggressive ...
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Executive Summary Gap closings—real estate transactions where significant time elapses between document execution/fund disbursement and official recording—have transitioned from exceptional accommodations to standard operating procedure ...
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A Supreme Court Decision That Reshapes Federal Regulation In June 2024, the United States Supreme Court issued one of its most consequential rulings in decades. ...
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Introduction: A New Chapter in Federal Disclosure Requirements The implementation of the Corporate Transparency Act represents one of the most significant shifts in federal reporting ...
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For private lenders, one of the most consequential provisions in any loan agreement is the prepayment penalty clause. These provisions, often referred to in the ...
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Federal Court Halts the Corporate Transparency Act Nationwide The Corporate Transparency Act (CTA) has faced significant legal challenges since its enactment, and a landmark federal ...
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Private lenders frequently encounter the terms “white labeling,” “correspondent lending,” and “table funding” in conversations about scaling their businesses and expanding capital access. These terms ...