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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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Cinematic overhead shot of a private lending firm's brand identity system laid out on a concrete

In the competitive private lending landscape, effective marketing isn’t optional—it’s fundamental to business survival and growth. Yet many lenders treat marketing as an afterthought or ...

Cinematic photograph of a California DRE license certificate in a frame on the wall of a mortgage

For California private money brokers, the Department of Real Estate is not a background regulator. The DRE controls licensing, dictates the disclosures every loan must ...

Tenant occupied property lending guide - Geraci LLP

Updated: January 2025 By Geraci LLP Banking & Finance Team Executive Summary Loans secured by income-producing rental properties introduce complex tenant-related legal and operational considerations ...

Reflections On 2020 How Private Lenders Navigated Unprecedented Disruption - Geraci LLP

The year 2020 stands as a watershed moment in private lending history. What began as the most promising start to a decade ended with fundamental ...

A split-composition editorial image: on one side, a glowing software interface displaying

Private lenders face a critical decision when it comes to preparing their loan documents: should they rely on automated loan document software or partner with ...

A CFPB enforcement action database beside a private lending compliance calendar

Hint: It’s not the regulatory holiday you’re hoping for.The CFPB Is Weakened. So What?Most private lenders think the CFPB’s troubles are someone else’s problem. After ...

Editorial close-up of a formal legal notice tacked to the weathered front door of a California

Evicting a tenant presents significant challenges for property owners, regardless of their experience level. Understanding California’s strict notice requirements and procedural safeguards is essential for ...

Overlapping regulatory frameworks rendered as semi-transparent layered grids pressing down on a

The Dodd-Frank Wall Street Reform and Consumer Protection Act fundamentally reshaped mortgage lending regulation following the 2008 financial crisis. While the law primarily targeted institutional ...

A mortgage fund pitch deck spread on a compliance and marketing desk SEC-compliant disclosure

Why Every Mortgage Fund Needs a Professional Pitch Deck A well-crafted pitch deck serves as the primary marketing tool for any private mortgage fund seeking ...

A debt fund formation checklist spread on a new fund manager's desk entity structure

For private lenders ready to transition from brokering individual loans or participating in fractional note investments, launching a debt fund represents a transformative step. A ...

A forbearance agreement spread on a workout desk principal deferral amount circled

Economic cycles, market disruptions, and individual circumstances periodically challenge borrowers’ ability to meet loan obligations. When borrowers request payment deferrals or other accommodations, lenders must ...

A new private lender's desk an accredited investor certification, a promissory note template

How to Become a Private Lender: A Strategic Guide for New Hard Money Investors The aftermath of the 2008 financial crisis fundamentally reshaped real estate ...