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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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Private lenders often require title insurance policies insuring amounts exceeding the loan balance—typically 125% of the loan amount. This additional coverage protects against potential indebtedness ...
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The United States remains one of the most attractive destinations for foreign capital seeking real estate investment exposure. Stable property markets, established legal frameworks, and ...
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Private lenders engage in advertising every day, often without fully appreciating the scope of regulatory obligations that attach to their marketing activities. From websites and ...
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Understanding Market Cycles and Lending Strategy Every successful private lender understands that market conditions fundamentally shape which loan products generate the best returns. Among the ...
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Lender liability law exists to protect borrowers from lenders who act in bad faith, commit fraud, or otherwise violate their legal duties. For lenders who ...
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The COVID-19 pandemic fundamentally reshaped commercial real estate (CRE) lending in ways that continue to influence market dynamics today. While the acute crisis phase has ...
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Private lenders, real estate developers, and investors who raise capital through private offerings rely heavily on registration exemptions under the Securities Act of 1933—most commonly ...
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Completing the eviction of a tenant through California’s unlawful detainer process is only half the battle. What happens in the hours and days immediately following ...
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Private lenders who extend multiple loans to the same borrower or related entities face a fundamental challenge: how do you prevent a borrower from selectively ...
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When a lender finances multiple properties under a single loan or under a cross-collateralized loan structure, the transaction introduces title insurance challenges that simply do ...
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Private and hard money lenders exploring scalable capital structures should give serious consideration to the mortgage pool model. A mortgage pool aggregates multiple loans into ...
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California’s SB 1079 reshaped the residential foreclosure landscape when it took effect on January 1, 2021. By inserting a post-sale bidding window into the non-judicial ...