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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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Warehouse Financing A Strategic Guide For Private Lenders In - Geraci LLP

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 ...

Cinematic overhead shot of a relay race baton mid-pass between two outstretched hands on a track at

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 ...

A California construction defect liability timeline spread on a lender's desk the ten-year

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 ...

A Section 1071 data collection form spread on a small business lender's desk HMDA-style

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 ...

Cinematic wide-angle photograph of a vacant foreclosed property at dusk

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 ...

An NPL portfolio analysis spread on an acquisitions desk loan tape, discount pricing model

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 ...

An REO property tenant file spread on a portfolio manager's desk lease agreement

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 ...

A replevin writ and a collateral recovery checklist spread on a lender's desk the court order

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, ...

A title commitment with a coverage limitation letter clipped to the front the insured amount

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 ...

A loan modification documentation checklist spread on a desk beside the executed modification

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 ...

An EB-5 project compliance file source of funds documentation, USCIS petition timeline

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 ...

A split-desk editorial on the left, a fix-and-flip term sheet with its short timeline; on the

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 ...