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