Explore our curated collection of articles, videos, podcasts, and more to help you grow and learn.
Featured
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...
All Blogs
- Blog
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 ...
- Blog
The Growing Legal Risk of Informal Digital Communications Private lenders and real estate professionals communicate constantly through text messages, emails, and instant messaging platforms. While ...
- Blog
The definition of “accredited investor” sits at the foundation of the private capital markets. It determines who can participate in exempt offerings under Regulation D, ...
- Blog
California’s SB 1079, codified primarily under Civil Code Section 2924m, fundamentally altered the non-judicial foreclosure landscape when it took effect in 2021. Originally designed to ...
- Blog
Private fund managers and capital raisers who rely on Regulation D have long viewed Rule 506(c) as a double-edged sword. While the exemption permits general ...
- Blog
Introduction Subordination, Non-Disturbance, and Attornment Agreements (SNDAs) are critical tri-party documents in commercial real estate lending that define the relationship between lenders, landlords/borrowers, and tenants ...
- Blog
Navigating Economic Volatility: A Framework for Fund Managers Economic crises arrive without warning. Whether triggered by pandemic, financial market collapse, geopolitical disruption, or natural disaster, ...
- Blog
Private lenders operating in Florida have long relied on a foundational distinction in mortgage licensing law: the business purpose exception. That exception has historically shielded ...
- Blog
Private lenders operating in California face a two-layered regulatory challenge that many fail to appreciate until they are already in litigation. The first layer is ...
- Blog
Few provisions in California lending law generate as much confusion and anxiety among creditors as the One-Action Rule. Private lenders, fund managers, and mortgage professionals ...
- Blog
New York joined a growing number of states imposing consumer-style transparency requirements on commercial lending when it enacted Senate Bill S05470, a comprehensive commercial finance ...
- Blog
Understanding Rent Control and Its Reach Across the U.S. The American rental market has experienced sustained expansion in recent years, driven by favorable employment conditions ...