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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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Borrower files bankruptcy during foreclosure - Geraci LLP

When a borrower falls behind on mortgage payments, foreclosure proceedings may begin. If a debtor files bankruptcy while the foreclosure process is underway, the automatic ...

Bulletproof your loan documentation - Geraci LLP

In private lending, the strength of your deal is only as good as the documents backing it. Whether you’re originating a bridge loan, funding a ...

A Truth in Lending disclosure spread flat on a compliance desk APR, finance charges

For private lenders operating across multiple states and asset classes, few federal regulations carry as much day-to-day significance as the Truth in Lending Act. Commonly ...

Geraci LLP blog article

In a groundbreaking ruling in the cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the U.S. Supreme Court curtailed the ...

Editorial photograph of a county courthouse steps at dawn, empty and monumental

Many private lenders default to non-judicial foreclosure when a borrower stops paying, viewing it as the faster and cheaper option. While that perception holds true ...

Geraci LLP law firm office

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 ...

Real estate law documents - Geraci LLP

We all know construction projects don’t always go as planned. But if you think that lending institutions and brokers aren’t liable when such projects go ...

A corporate campus at dusk, with orderly rows of illuminated office windows casting amber light

The compliance playbook for private lending funds has received a major rewrite. With the passage of the One Big Beautiful Act (OBBA), key tax incentives—including ...

Private lending business meeting - Geraci LLP

For years, private capital markets have favored Rule 506(b) over 506(c) due to one key factor: ease. While 506(c) allowed for general solicitation, it also ...

Private lending uncertainty and legal questions - Geraci LLP

The Private Lender’s Ultimate Guide to Usury in California: How to Navigate Usury is one of those legal landmines that most private lenders don’t think ...

Loan Workout Strategies Forbearances Modifications And Deeds In Lieu For Private Lenders - Geraci LLP

By Anthony Geraci, Esq. | Founder, Geraci LLP Published: March 2021 | Updated: January 2025 Private lenders who originate business-purpose real estate loans inevitably confront ...

Cinematic wide shot of a storm front rolling over a flat American cityscape at golden hour

The tax landscape for private lenders has undergone a significant transformation. With the passage of the One Big Beautiful Bill Act (OBBA), key provisions of ...