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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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A private lending appraisal and a BPO spread side by side LTV calculation annotated on each

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 ...

The Ninth Circuit opinion spread on a California lender's desk the pre-foreclosure injunction

California’s nonjudicial foreclosure system is designed to move efficiently, allowing lenders to enforce their security interests without the delays and costs of litigation. But borrowers ...

Ab 3088 California Tenant And Landlord Relief Act Legacy Impact - Geraci LLP

Understanding The Historical Context And Current Implications Historical Background: AB 3088 Enactment In August 2020, California enacted AB 3088, formally titled the Tenant, Homeowner, and ...

A document cancellation claim analysis spread on a litigation desk repayment rules annotated

When private lenders face litigation, plaintiffs in wrongful foreclosure and lender liability suits often include a cause of action to cancel written instruments — a ...

A construction site mid-project

Why Force Majeure Provisions Matter More Than Ever Recent global disruptions—from pandemics to supply chain breakdowns to natural disasters—have demonstrated the critical importance of carefully ...

A California title policy beside a recorded deed of trust the insured amount matching the loan

How Title Insurance Shields Private Lenders in California Real Estate Transactions For private lenders financing real property in California, title insurance represents one of the ...

A private lender's default accounting workpaper loan impairment analysis

When economic conditions deteriorate and borrower distress increases, private lenders frequently find themselves offering relief options through loan modifications—forbearance agreements, deferred payment arrangements, modified interest ...

A California residential property frozen mid-foreclosure

California foreclosure law underwent significant evolution with the In re Moon bankruptcy decision and subsequent legislative response through Senate Bill 1146. These developments fundamentally changed ...

A SB-1079 compliance binder open to a litigation risk matrix each litigation scenario mapped

California Senate Bill 1079, which took effect January 1, 2021, fundamentally restructured the non-judicial foreclosure process for residential properties. Designed to promote homeownership and prevent ...

A Section 199A deduction worksheet beside a REIT income allocation schedule qualified business

For private lenders managing mortgage funds, the Real Estate Investment Trust structure has been one of the most impactful tax planning tools available since the ...

Alta Extended Title Insurance Lender Protection Guide 2025 - Geraci LLP

Introduction Title insurance protects lenders against defects in property ownership that could impair their security interest. However, not all title policies provide equal coverage. The ...

A cannabis real estate loan file property photos, license copies

The Federal-State Legal Divide: Persistent Challenges for Real Estate Financing Despite sweeping state-level cannabis legalization across the United States, the fundamental legal conflict between federal ...