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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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A private lending portfolio leverage analysis existing loan book value

For private and non-conventional lenders, maintaining consistent access to capital is essential for sustaining deal flow and growing origination volume. Market conditions inevitably shift, and ...

A 2023 mortgage fund market report spread on an analyst's desk origination volume charts

Private lending has navigated a turbulent environment since 2020, with rising interest rates, market volatility, and shifting capital flows reshaping how lenders structure and deploy ...

A rental property loan product comparison spread on a lender's desk DSCR threshold, LTV limit

Private lending continues to play a central role in rental property investment, particularly as traditional financing remains difficult for many real estate entrepreneurs to access. ...

A private lender's COVID-era portfolio recovery report modification volumes, loss rates

The COVID-19 pandemic delivered the sharpest economic contraction in modern American history, and commercial real estate absorbed much of that impact. For private lenders, fund ...

A fund formation decision tree spread on a prospective fund manager's desk the 'no' branches

Private lending continues to attract investors seeking portfolio diversification and access to yields that traditional fixed-income instruments often cannot match. As lenders look to scale ...

Seven Strategic Approaches To Lending Litigation And Loss Mitigation 2 - Geraci LLP

A common refrain at private lending conferences suggests that “nobody makes money from litigation.” This observation, while technically accurate, misses the fundamental point: litigation exists ...

The AB-1837 text beside an updated California foreclosure compliance checklist new tenant

California’s foreclosure statutes have undergone significant transformation since SB 1079 was enacted in 2020. Assembly Bill 1837, signed into law in September 2022 and effective ...

Portfolio Risk Management For Private Lenders Strategic Loan File Review In 2025s Economic Environment - Geraci LLP

Published: September 2023 | Updated: January 2025 By Geraci LLP Banking & Finance Team Executive Summary The 2025 economic landscape presents private lenders with a ...

Dramatic painterly illustration of a private fund as a ship navigating a stormy financial sea

REQUIRES HUMAN REVIEW BEFORE PUBLICATION REASON: Original content contained multiple references to former partners (Kevin Kim, Nema Daghbandan). All mentions redacted and rewritten with attribution ...

A California foreclosure injunction motion and a lender's opposition brief spread on a litigation

When a borrower defaults and a lender moves forward with a nonjudicial foreclosure, the legal landscape does not always cooperate. A disturbingly common pattern plays ...

A Regulation D debt fund compliance binder open to the offering document bad actor

Running a private lending fund requires far more than originating quality loans. The moment you raise capital from outside investors, you enter the domain of ...

The Honchariw opinion spread on a California lender's desk the default interest holding

The California appellate decision in Honchariw v. FJM Private Mortgage Fund sent shockwaves through the private lending industry when it was issued in September 2022. ...