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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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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 ...
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Loan defaults are an inevitable feature of private lending. Markets contract, borrowers lose income, and even well-underwritten loans can fall into distress when circumstances change. ...
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The California Department of Real Estate examines broker fee handling and trust account operations more frequently — and more closely — than almost any other ...
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Business purpose loans are nontraditional mortgage loans where a borrower uses loan proceeds for a non-consumer purpose. A non-consumer purpose means any loan in which ...
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As a private lender, it’s easy to feel a sense of comfort once your loan is secured by real property. After all, if the borrower ...
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California’s mortgage licensing landscape confuses many private lenders entering the market. With two distinct regulatory agencies overseeing lending activities, understanding when each license applies—and how ...
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Private lenders are increasingly recognizing that the availability and affordability of property insurance are critical factors in underwriting real estate loans. Difficulties in securing insurance—whether ...
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In today’s private lending environment, raising capital through mortgage funds, pooled investment vehicles, or note offerings is more common than ever. But whether you’re structuring ...
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Title insurance exists to protect mortgage lenders when defects in a property’s title cause financial loss. The 2006 ALTA Loan Policy is the industry benchmark ...
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While private lenders primarily operate in real estate and business finance, many also raise capital from investors to fund their lending operations. The moment you ...
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Navigating Uncertainty in Commercial Real Estate Finance Commercial real estate lending operates in an environment shaped by evolving market conditions, shifting tenant behavior, and ongoing ...