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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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Real estate sponsors, developers, and private lenders have always relied on outside capital to fund their projects and portfolios. Whether the source is high-net-worth individuals, ...
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Hard money lending operates within a patchwork of state-level regulations that can vary dramatically from one jurisdiction to the next. For private lenders, real estate ...
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Launching a successful debt fund requires more than capital and deal flow. The regulatory landscape governing mortgage lending varies dramatically across jurisdictions, and proper licensing ...
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Residential bridge lending has long served as a backbone product for the private lending industry, providing short-term capital to real estate investors who need speed ...
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In a perfect world, every lender obtains the most comprehensive title insurance coverage available. The real world, however, routinely presents lenders with a different scenario: ...
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When a debtor receives a substantial financial windfall during a pending Chapter 13 bankruptcy case, can they rely on a revesting provision to keep those ...
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As California’s cannabis market continues to mature, private lenders, commercial property owners, and investors face a distinct set of regulatory obligations when transacting with licensed ...
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Fund managers operating private lending vehicles bear fiduciary responsibilities to their investors. Understanding these duties—and how they apply in practice—protects both managers and the investors ...
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Why Every Private Lender Must Understand Preliminary Title Reports Identifying a qualified borrower and suitable collateral property is only the first phase of a successful ...
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Force majeure clauses appear in nearly every commercial contract — tucked into the boilerplate, rarely negotiated, and almost never read until the moment they matter ...
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The commercial and multifamily mortgage landscape has undergone dramatic transformation since 2020, when pandemic-driven uncertainty upended lending volumes across virtually every property category. For private ...
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The private lending landscape has undergone significant transformation over the past several years, and few product categories have experienced as dramatic a journey as rental ...