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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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Force majeure provisions have long existed as standard boilerplate language in commercial leases, often overlooked until extraordinary circumstances render contractual performance impossible. A pivotal bankruptcy ...
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Executive Summary Construction lending presents uniquely complex risks that extend far beyond traditional real estate finance. Unlike stabilized property loans where collateral value is immediately ...
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California’s mortgage licensing framework is genuinely confusing. Two separate government agencies regulate private lending activity in the state—the California Department of Real Estate (DRE) and ...
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Construction loans are one of the highest-yield products in private lending and one of the most operationally demanding. Unlike a stabilized acquisition or a short-term ...
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California mortgage brokers operating under Department of Real Estate (DRE) licenses face a distinct set of reporting obligations that go well beyond basic licensing requirements. ...
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When a borrower defaults on a loan, lenders often assume foreclosure is the only path forward. In practice, foreclosure is one of the most expensive ...
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Hard money loans occupy a distinct and important segment of the private lending market. For new lenders considering entry into this space, understanding the mechanics, ...
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California’s 2020 legislative session produced two laws fundamentally altering foreclosure procedures for private lenders: AB 3088 and SB 1079. Enacted as COVID-19 relief measures, these ...
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When foreclosure sale proceeds fall short of the outstanding loan balance, private lenders face a critical decision: pursue the deficiency or write off the loss. ...
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The private lending industry experienced a pivotal reckoning during the market disruptions of 2020, exposing vulnerabilities in how many operators funded their origination pipelines. While ...
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For private lenders building a business in California, one of the earliest structural decisions is which licensing path to take. The two practical options are ...
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Private money lending moves fast. While traditional bank financing can take weeks or months to close, private lenders often need to move within days. At ...