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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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By Anthony Geraci, Esq. | Founder, Geraci LLP Published: June 2021 | Updated: January 2025 California’s borrower-protective foreclosure laws create substantial challenges for private lenders ...
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New Disclosure And Notification Mandates For Residential Lenders Legislative Overview On September 20, 2024, California enacted AB 2424 (Mortgages, Foreclosure), establishing new foreclosure notice and ...
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Cross-collateralization is a lending mechanism that gives private lenders significant structural advantages—but it requires careful documentation and a clear understanding of how it affects all ...
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Every private lender claims to be “customer focused” or “relationship-oriented.” These phrases appear in marketing materials, conference presentations, and investor decks with remarkable consistency. Yet ...
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Private lending transactions move quickly, and few situations test a lender’s decision-making more than unexpected title exceptions appearing hours before a scheduled closing. Whether the ...
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Most published material about consumer or business bankruptcy is written for the borrower. Far less is written for the secured lender on the other side ...
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Updated for 2025 When extraordinary circumstances disrupt contractual performance—whether through natural disasters, economic crises, regulatory changes, or global events—parties quickly discover whether their agreements anticipated ...
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When a borrower stops paying on an income-producing property loan, the question private lenders often face is not whether they have rights — it is ...
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Gap closings are a well-established feature of commercial real estate transactions, and their prevalence has only increased as portfolio deals, remote closings, and multi-jurisdictional transactions ...
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For mortgage brokers operating under the authority of the California Department of Real Estate (DRE), maintaining strict compliance in loan document preparation and borrower disclosures ...
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Why Private Lenders Face Elevated Fraud Risk Private lending occupies a unique position in the capital markets. Borrowers who fall outside the parameters of conventional ...
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Brand identity represents one of the most valuable assets any business develops. Your company name, logo, and distinctive marks differentiate your services in crowded markets ...