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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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Economic crises create cascading effects across lending portfolios as borrowers face revenue disruptions, tenant defaults, and liquidity constraints. Private lenders must develop systematic approaches to ...
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Private lenders who structure their real estate transactions through deeds of trust must give careful consideration to one often-overlooked element: the selection of a qualified ...
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The January 2025 wildfires that devastated Los Angeles County prompted California lawmakers to introduce Assembly Bill 238 (AB 238), also referred to as the Mortgage ...
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Economic disruptions, whether triggered by a pandemic, interest rate shocks, or broader recessionary pressures, create unique challenges for commercial mortgage lenders and their borrowers. When ...
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Receiving notice that a borrower or business customer has filed for bankruptcy creates immediate uncertainty for any creditor. The process is governed by a dense ...
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In wrongful foreclosure and lender liability litigation, borrower plaintiffs frequently seek cancellation of written instruments—deeds of trust, notices of default, notices of trustee’s sale, and ...
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The passage of the Tax Cuts and Jobs Act (TCJA) introduced a wave of tax planning opportunities across virtually every sector of the economy. For ...
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Real property represents the largest asset class in the United States, and every transaction involving it carries the risk of hidden defects in the chain ...
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The Accelerating Pace of State-Level Cannabis Reform Cannabis legalization continues its steady march across the United States, with a growing number of states authorizing either ...
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The Critical Role of Risk Disclosure in Fund Formation Private placement memorandums (PPMs) serve as the primary disclosure document for private funds raising capital under ...
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When a borrower defaults on a real estate loan, foreclosure is often the first remedy that comes to mind. However, experienced private lenders know that ...
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When economic disruption strikes, private lenders face a challenge that sits squarely at the intersection of business judgment and legal obligation. Requests for loan forbearance ...