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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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Close-up editorial shot of a property title chain recorded in a county deed book

Introduction: Title Problems and Transaction Delays Title defects represent one of the most common—and most preventable—causes of loan funding delays in private lending. While borrower ...

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A Demographic Shift That Redefined Real Estate Lending The year 2020 triggered one of the most significant population movements in recent American history. Millions of ...

A 2020 case law digest spread on a legal desk five key decisions annotated

The year 2020 brought unprecedented disruption to nearly every sector of the economy, but the judicial system continued to operate and issue rulings with lasting ...

A 2021 private lending forecast report spread on a strategy desk origination volume projections

As 2020 drew to a close, the private lending industry looked forward with cautious optimism despite ongoing pandemic-related uncertainties. The year ahead promised both challenges ...

A REIT viability analysis spread on a fund manager's desk tax benefit calculations on the left

Real estate investment trusts have become one of the most popular structuring vehicles for mortgage fund operators in the private lending space. Since the introduction ...

ALTA vs CLTA title insurance for California lenders - Geraci LLP

Understanding Standard And Extended Coverage To Protect Your Lending Position Introduction To California Title Insurance Standards When underwriting mortgage loans secured by California real estate, ...

California Default Interest Understanding The Evolving Legal Framework For Private Lenders - Geraci LLP

By Anthony Geraci, Esq. | Founder, Geraci LLP Published: October 2022 | Updated: January 2025 Default interest provisions represent one of the most important economic ...

A fund structure decision matrix spread on a formation desk open-end and closed-end fund

Selecting the appropriate fund structure is one of the most consequential decisions a fund sponsor will make during the formation process. The choice between an ...

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 ...