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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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A wide river at flood stage, turbid brown water pressing hard against a concrete levee

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 ...

A trustee selection checklist spread beside three trustee engagement letters institutional

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 ...

The AB 238 text beside a California wildfire forbearance compliance checklist triggering

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 ...

A commercial lending market disruption response plan spread on a strategy desk portfolio stress

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 ...

A secured creditor's bankruptcy response binder

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 ...

A thick stack of legal documents, edges curling from age

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 ...

A private REIT structure diagram spread on a formation desk SubREIT election mechanics

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 ...

A title insurance policy spread open on a closing table the three-party protection annotated

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 ...

A multi-state cannabis legalization status map beside a private lending opportunity analysis —

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 ...

A cinematic close-up of a non-performing loan file spread across a light table

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 ...

Painterly illustration of two roads diverging from a single distressed property

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 ...

A forbearance best practices checklist spread on a lender's desk documentation requirements

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 ...