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Utah and Idaho: The Two States That Catch Every Private Lender Off Guard

A Practical Compliance Guide for Business Purpose Lenders Entering the Mountain West A private lender we recently advised had been making business purpose bridge loans on single family investment properties in both Utah and Idaho for the better part of two years without a license in either state. The client...

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Real estate property - Geraci LLP

When putting together a mortgage fund, it is an understatement to say there are many things to consider: regulations, exemptions, accounting, supervision, and more.  Mortgage ...

Cinematic wide-angle view of a distressed commercial property

Bankruptcy filings by distressed borrowers create immediate uncertainty for secured lenders holding real estate loans, equipment financing, or other collateralized debt. While bankruptcy law provides ...

Lending to foreign nationals - Geraci LLP

Legal Eligibility Foreign nationals have the right to buy real estate in the U.S., and private lenders can lend to them, provided they comply with ...

A California real estate brokerage file room rows of labeled archive boxes stretching to the

Proper recordkeeping is one of the most overlooked yet critically important compliance obligations facing California real estate professionals. While the day-to-day demands of closing transactions ...

Key areas where state laws differ for private lenders - Geraci LLP

Private lenders must carefully review the laws of each state they lend in. Licensing, interest limits, disclosures, and foreclosure laws can differ significantly. Non-compliance can ...

Aerial editorial photograph of a half-built residential subdivision in California's inland valleys

California Senate Bill 978 fundamentally changed construction lending compliance for broker-arranged loans when it became law in September 2012. More than a decade later, many ...

A loan modification agreement spread on a desk changed rate terms highlighted in blue

Mortgage loan modifications remain one of the most effective tools private lenders have for managing distressed loans without resorting to foreclosure. When a borrower can ...

A closing protection letter clipped to the front of a title commitment the $50 fee marked in

Closing a real estate loan is a choreography. The title underwriter issues the policy, but the actual closing — the document execution, the funds disbursement, ...

Important 2025 AML updates for private lenders - Geraci LLP

As we reach mid-2025, significant changes to the U.S. anti-money laundering (AML) regulatory landscape are taking effect—impacting private lenders, financial institutions, and compliance officers nationwide. ...

Cinematic wide shot of a California real estate office interior at golden hour

Real estate brokers operating in California face complex regulatory requirements administered by the California Department of Real Estate (DRE). Understanding and maintaining compliance with DRE ...

Editorial photograph of a commercial greenhouse in a legal cannabis cultivation facility

The cannabis industry has experienced unprecedented transformation over the past several years, creating both opportunities and complexities for private lenders. As of 2025, the legal ...

Legal and financial services - Geraci LLP

By now, most of our clients obtain personal guaranties on all their loans. However, almost as if it is an afterthought, they don’t know what ...