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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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Published: January 2025 By Geraci LLP Executive Summary As the private lending landscape evolves in 2025, access to institutional capital through warehouse facilities has become ...
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Understanding Table Funding, Correspondent Lending, and Direct Lending Private lenders seeking to scale their operations beyond balance sheet lending frequently explore alternative origination models. Three ...
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Private lenders who finance fix-and-flip transactions face a unique and often underappreciated risk: when the borrower defaults and walks away mid-project, the lender may end ...
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The Consumer Financial Protection Bureau (CFPB) has been moving forward with regulations implementing Section 1071 of the Dodd-Frank Act — a development that carries significant ...
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Executive Summary Even in robust real estate markets, lenders occasionally face scenarios where foreclosure sale proceeds fail to satisfy outstanding loan balances. Whether due to ...
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Default rates have increased meaningfully across private lending portfolios over recent periods. This shift creates opportunities for lenders willing to pursue distressed debt strategies—acquiring non-performing ...
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When private lenders finance commercial or residential investment properties, the presence of tenants introduces a series of legal and practical considerations that can dramatically affect ...
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When a borrower defaults and the collateral securing your loan disappears, slips out of reach, or sits in the borrower’s possession while litigation drags on, ...
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A lender completes its underwriting, finalizes loan terms, and is days from closing. At counsel’s recommendation, the lender has required a Lender’s ALTA title policy ...
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Why Proper Modification Documentation Protects Your Investment Loan modifications represent one of the most practical tools available to private lenders when borrower circumstances change or ...
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The EB-5 Immigrant Investor Program has always carried both significant opportunity and significant risk. For private lenders who participate in EB-5 capital structures — whether ...
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Many private lenders build their business on fix-and-flip financing — a familiar, relatively predictable loan product with established underwriting criteria and manageable risk profiles. At ...