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Canadian Capital Is Looking South: What It Means for Private Lenders

Over the past year, I have had more conversations than ever with Canadian private lenders asking a deceptively simple question: should we be looking at the United States? Five years ago, that question was relatively uncommon. Today, it comes up constantly—and for good reason....

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A California wildfire property file spread on a lender's desk insurance claim documentation

As catastrophic wildfires continue to reshape landscapes across the western United States, private lenders face mounting questions about how fire damage affects their loan portfolios. ...

A large-format topographic map of the continental United States pinned flat on a light table

Private lenders operating across multiple states face a complex patchwork of licensing requirements, usury limitations, broker regulations, and compliance obligations that vary significantly by jurisdiction. ...

Painterly side-by-side illustration of two property security instruments as physical objects: a

Introduction When securing real estate loans, lenders utilize one of two primary legal instruments: deeds of trust or mortgages. While both serve the fundamental purpose ...

Dramatic wide-angle shot of a California residential neighborhood at dawn

When SB 1079 took effect on January 1, 2021, it rewrote the rules for foreclosing on one-to-four-unit residential property in California. The trustee’s sale, which ...

Wide editorial photograph of a California residential street at late evening

⚠️ REQUIRES HUMAN REVIEW BEFORE PUBLICATION ⚠️ Introduction On August 31, 2020, California Governor Gavin Newsom signed into law Assembly Bill 3088 (AB 3088), formally ...

A loan classification decision tree spread on a compliance desk business-purpose indicators and

Determining whether a loan qualifies as a business purpose transaction or falls under consumer lending regulations is one of the most consequential compliance decisions a ...

A loan participation agreement spread on a deal desk lead lender and participant rights

Private lenders frequently encounter a strategic crossroads once they have originated a mortgage loan: hold the entire note on their own balance sheet, or distribute ...

A lien priority analysis spread on a modification desk pre-modification and post-modification

When modifying loans where junior liens exist on the collateral property, senior lenders must carefully evaluate how the modification affects their lien priority. Well-intentioned modifications ...

A private lender's workout strategy decision tree forbearance, modification

When a borrower stops paying, private lenders face a series of consequential decisions. The instinct to pursue immediate foreclosure is understandable, but experienced lenders know ...

A Qualified Opportunity Fund formation binder section 1400Z requirements

The Qualified Opportunity Zone (QOZ) program created under the Tax Cuts and Jobs Act remains one of the most consequential tax incentive structures available to ...

Cinematic side-by-side editorial photograph: on one side

The security instrument you use to collateralize a real estate loan fundamentally shapes your rights and remedies as a lender. While borrowers and even some ...

Bankruptcy Complications Sb 1079 California Foreclosure Law - Geraci LLP

California’s Senate Bill 1079, codified as Civil Code Section 2924m, fundamentally transformed non-judicial foreclosures on residential properties containing 1-4 units. While the legislation aimed to ...