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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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Painterly illustration of a dual-timeline economic landscape

Annual market forecasting helps private lenders position strategically for economic cycles, regulatory changes, and capital market shifts. As we reflect on predictions made entering 2023—and ...

Assignment of rents California lender protection guide - Geraci LLP

When borrowers default on loans secured by income-producing real estate, one question becomes paramount: where is the rental income going? If your borrower controls a ...

An aerial drone view of a California residential block mid-foreclosure cycle

California’s Foreclosure Landscape: When New Rights Create New Complications California Civil Code Section 2924m, enacted through Senate Bill 1079, fundamentally altered the non-judicial foreclosure process ...

A SB-1079 statutory right of first refusal notice beside an unlawful detainer defense memo the

California’s Foreclosure Landscape: When New Rights Create New Complications California Civil Code Section 2924m, enacted through Senate Bill 1079, fundamentally altered the non-judicial foreclosure process ...

Wide editorial photograph of a licensed cannabis dispensary on a sun-lit commercial strip in

The cannabis industry continues its remarkable transformation across the United States, presenting unprecedented opportunities for commercial lenders and investors. Since early state-level legalization efforts began, ...

A capital flow diagram rendered as interconnected rivers branching across a topographic map

Debt funds have become an increasingly popular vehicle for private lenders seeking to scale operations and offer structured investment opportunities to capital partners. By pooling ...

Close-up editorial photography of two weathered contract pages side by side on a raw concrete desk

Private lenders frequently encounter situations requiring changes to loan documents after closing. Whether addressing drafting errors, documenting agreed-upon modifications, or correcting mutual mistakes, selecting the ...

The California coastline at golden hour, with a dense urban skyline glowing in the background and a

Published: October 2019 Updated for 2025 A persistent misconception haunts California private lending: the belief that market rates determine what lenders may charge, free from ...

A securities exemption selection matrix spread on a capital raise desk Reg D 506(b), 506(c)

For private lenders, fund managers, and real estate sponsors, raising capital is a foundational business activity. But before a single dollar can be solicited from ...

A split editorial photograph on the left, a January page with hand-written market forecasts; on

The private lending industry experienced a tumultuous ride throughout 2022, marked by dramatic interest rate shifts and evolving market dynamics. As the year drew to ...

Painterly illustration of a construction crane rising above a desolate urban block

Executive Summary Qualified Opportunity Zone (QOZ) projects offer compelling tax benefits for investors willing to deploy capital gains into designated communities. However, the program’s non-recourse ...

Cinematic aerial view of Sacramento's Capitol complex at dusk

Published: 2021 Updated for 2025 Regulatory Environment The most preventable regulatory violations facing California private lenders stem from a single source: failing to submit required ...