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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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“Blue Sky Laws” are state-level securities regulations designed to protect investors from fraud and ensure fair dealing in the sale of securities. The term comes ...
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As the private lending industry continues to evolve, strategic partnerships are becoming increasingly common. One of the most effective ways to collaborate while maintaining legal ...
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Cross-collateral lending represents one of the most powerful yet underutilized tools in a private lender’s arsenal. When structured properly, these arrangements can dramatically reduce portfolio ...
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In July 2005, I graduated from Queen’s University Faculty of Law and entered the most grueling summer of my life—Ontario’s bar admissions course. Back then, ...
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The real estate investment trust landscape has undergone a dramatic transformation in recent years, driven by fundamental changes in where and how Americans choose to ...
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Anti-money laundering (AML) laws are a critical part of the U.S. financial and legal landscape. For private lenders, financial institutions, and businesses operating in real ...
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When principals cannot personally execute loan documents, powers of attorney provide a mechanism for authorized agents to act on their behalf. However, improper documentation of ...
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When a foreclosure sale falls short of covering the full loan balance, private lenders can find themselves facing a significant financial gap. However, there is ...
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High interest rates and lending practices in Arizona can raise complex questions. Borrowers and lenders alike worry about whether their contracts comply with state licensing ...