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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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Commercial mortgage-backed securities (CMBS) serve as a barometer for the broader commercial real estate lending market. When delinquency rates shift, private lenders and real estate ...
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Mortgage fraud continues to pose one of the most significant operational risks for private lenders in 2025. Because private lending operates with greater flexibility and ...
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Contract performance obligations form the foundation of commercial relationships. Parties promise to perform specific actions or refrain from particular conduct, with breach triggering damage liability. ...
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The private lending industry witnessed dramatic transformation as COVID-19 disrupted capital markets in March 2020. Long-term rental loan products—particularly 30-year DSCR (debt service coverage ratio) ...
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Private lenders evaluating loan product offerings must continuously adapt to macroeconomic conditions that directly impact borrower demand, underwriting criteria, and portfolio performance. Interest rate fluctuations ...
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California Senate Bill 1079, codified as Civil Code Section 2924m and effective January 1, 2021, fundamentally altered non-judicial foreclosure procedures for 1-4 unit residential properties. ...
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When a borrower falls behind on loan payments, private lenders face a critical decision point. Foreclosure is always an option, but it is expensive, time-consuming, ...
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The legal industry’s shift toward distributed work environments has fundamentally transformed how law firms deliver services to clients. What began as an emergency response has ...
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Private lenders face economic headwinds in 2025, but challenging markets create significant opportunities for those who maintain discipline and execute strategic collection initiatives. This analysis ...
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Economic uncertainty creates challenges for private lenders—but also opportunities for those who act decisively. Experienced lenders understand that recessions require different strategies than boom periods. ...
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California’s usury law creates a complex regulatory landscape for private lenders, with constitutional interest rate limits that would render most private loans illegal—except for carefully ...
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California’s anti-deficiency statutes create powerful borrower protections that significantly limit lenders’ ability to pursue deficiency judgments after foreclosure. When lenders attempt to circumvent these protections ...