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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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The California appellate decision in Honchariw v. FJM Private Mortgage Fund sent shockwaves through the private lending industry when it was issued in September 2022. ...
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By Anthony Geraci, Esq. | Founder, Geraci LLP Published: June 2021 | Updated: January 2025 California’s borrower-protective foreclosure laws create substantial challenges for private lenders ...
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New Disclosure And Notification Mandates For Residential Lenders Legislative Overview On September 20, 2024, California enacted AB 2424 (Mortgages, Foreclosure), establishing new foreclosure notice and ...
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Cross-collateralization is a lending mechanism that gives private lenders significant structural advantages—but it requires careful documentation and a clear understanding of how it affects all ...
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Every private lender claims to be “customer focused” or “relationship-oriented.” These phrases appear in marketing materials, conference presentations, and investor decks with remarkable consistency. Yet ...
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Private lending transactions move quickly, and few situations test a lender’s decision-making more than unexpected title exceptions appearing hours before a scheduled closing. Whether the ...
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Most published material about consumer or business bankruptcy is written for the borrower. Far less is written for the secured lender on the other side ...
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Updated for 2025 When extraordinary circumstances disrupt contractual performance—whether through natural disasters, economic crises, regulatory changes, or global events—parties quickly discover whether their agreements anticipated ...
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When a borrower stops paying on an income-producing property loan, the question private lenders often face is not whether they have rights — it is ...
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Gap closings are a well-established feature of commercial real estate transactions, and their prevalence has only increased as portfolio deals, remote closings, and multi-jurisdictional transactions ...
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For mortgage brokers operating under the authority of the California Department of Real Estate (DRE), maintaining strict compliance in loan document preparation and borrower disclosures ...
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Why Private Lenders Face Elevated Fraud Risk Private lending occupies a unique position in the capital markets. Borrowers who fall outside the parameters of conventional ...