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