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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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⚠️ REQUIRES HUMAN REVIEW BEFORE PUBLICATION ⚠️ Introduction On August 31, 2020, California Governor Gavin Newsom signed into law Assembly Bill 3088 (AB 3088), formally ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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Understanding the CFPB’s Proposed Amendments to the Ability-to-Repay Rule The Consumer Financial Protection Bureau’s Ability-to-Repay/Qualified Mortgage Rule represents one of the most consequential regulatory frameworks ...
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When the Securities and Exchange Commission voted 3-2 in August 2020 to amend the accredited investor definition for the first time in over three decades, ...
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California’s Senate Bill 1079 fundamentally restructured how non-judicial foreclosures work for residential properties with one to four units. Enacted effective January 1, 2021, the law ...
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When a private lender faces a borrower who cannot meet payment obligations, two primary instruments are available to restructure the relationship without resorting to immediate ...