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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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The American Land Title Association (ALTA) transitioned from the longstanding 2006 loan policy to the updated 2021 version, which is now the standard form issued ...
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When a real estate transaction closes with the seller providing financing to the buyer, the arrangement is commonly known as a “seller carry-back” or “seller ...
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Verifying that the right person signs your loan documents is not a technicality; it is a fundamental requirement that determines whether your loan is enforceable. ...
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Every private lender has encountered the question: does it really matter who signs the loan documents, as long as title insurance is in place? The ...
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Published: November 2020 | Updated: January 2025 By Geraci LLP Banking & Finance Team Introduction: Beyond Simple Two-Party Transactions Real estate loan transactions rarely involve ...
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As market conditions create opportunities in non-performing loan acquisition, many private lenders explore distressed debt fund strategies. However, these funds differ fundamentally from traditional performing ...
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California maintains some of the most rigorous regulatory standards in the nation when it comes to real estate lending and brokerage activities. For private lenders ...
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By Anthony Geraci, Esq. | Founder, Geraci LLP Published: August 2019 | Updated: January 2025 Private real estate lending operates within a complex regulatory framework ...
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Effective mortgage underwriting is the foundation of a profitable and sustainable private lending business. Whether a lender specializes in fix-and-flip financing, DSCR rental loans, bridge ...
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The Qualified Opportunity Zone (QOZ) program—established under the Tax Cuts and Jobs Act—has generated substantial interest among real estate developers and private lending clients since ...
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Regardless of what you may have heard from other business entities or what tactics were used to try to market new firms on Google, Geraci ...