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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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Title insurance is the quietest line item in a loan file until the moment it isn’t. When a borrower defaults and a previously undisclosed lien, ...
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Most loan files in private lending close with a single-purpose entity on the borrower side — an LLC formed to hold the property, a corporation ...
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Title insurance represents one of the most critical protections available to mortgage lenders. Without it, lenders face potential total loss of their security interest due ...
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I made some profound predictions last year, and many of them came true. How will the rest of 2022 shape up? Let’s discuss below: Interest ...
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Quick Reference Guide: Three Origination Models Private lenders structuring origination operations face three primary capital deployment models. This guide provides a concise comparison to support ...
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As the acute phase of the COVID-19 pandemic recedes into history, private lenders continue adapting to a fundamentally altered financial landscape. Understanding where we stand ...
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How the Litigation Landscape Has Transformed for Private Lenders The litigation environment has undergone fundamental changes over the past several years. What began as temporary ...
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— Introduction California permits two foreclosure methods: judicial foreclosure (court-supervised lawsuit) and non-judicial foreclosure (power-of-sale process without court involvement). For private lenders, non-judicial foreclosure represents ...
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When title insurance commitments arrive with exceptions that threaten loan security, private lenders face a critical decision point: how aggressively should you push for removal? ...
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For private lenders operating in the business-purpose lending space, loan documentation is far more than a closing-day formality. The quality, precision, and completeness of a ...
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Private lenders navigating borrower defaults face a critical decision: pursue formal foreclosure proceedings or explore alternative resolution strategies. Among the most underutilized tools in a ...
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Understanding California usury law is critical for any private lender operating in the state. A common misconception among lenders and brokers is that any interest ...