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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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Dramatic wide-angle shot of a California residential neighborhood at dawn

When SB 1079 took effect on January 1, 2021, it rewrote the rules for foreclosing on one-to-four-unit residential property in California. The trustee’s sale, which ...

Wide editorial photograph of a California residential street at late evening

⚠️ REQUIRES HUMAN REVIEW BEFORE PUBLICATION ⚠️ Introduction On August 31, 2020, California Governor Gavin Newsom signed into law Assembly Bill 3088 (AB 3088), formally ...

A loan classification decision tree spread on a compliance desk business-purpose indicators and

Determining whether a loan qualifies as a business purpose transaction or falls under consumer lending regulations is one of the most consequential compliance decisions a ...

A loan participation agreement spread on a deal desk lead lender and participant rights

Private lenders frequently encounter a strategic crossroads once they have originated a mortgage loan: hold the entire note on their own balance sheet, or distribute ...

A lien priority analysis spread on a modification desk pre-modification and post-modification

When modifying loans where junior liens exist on the collateral property, senior lenders must carefully evaluate how the modification affects their lien priority. Well-intentioned modifications ...

A private lender's workout strategy decision tree forbearance, modification

When a borrower stops paying, private lenders face a series of consequential decisions. The instinct to pursue immediate foreclosure is understandable, but experienced lenders know ...

A Qualified Opportunity Fund formation binder section 1400Z requirements

The Qualified Opportunity Zone (QOZ) program created under the Tax Cuts and Jobs Act remains one of the most consequential tax incentive structures available to ...

Cinematic side-by-side editorial photograph: on one side

The security instrument you use to collateralize a real estate loan fundamentally shapes your rights and remedies as a lender. While borrowers and even some ...

Bankruptcy Complications Sb 1079 California Foreclosure Law - Geraci LLP

California’s Senate Bill 1079, codified as Civil Code Section 2924m, fundamentally transformed non-judicial foreclosures on residential properties containing 1-4 units. While the legislation aimed to ...

A CFPB QM rule amendment spread beside a private lending exemption analysis business-purpose

Understanding the CFPB’s Proposed Amendments to the Ability-to-Repay Rule The Consumer Financial Protection Bureau’s Ability-to-Repay/Qualified Mortgage Rule represents one of the most consequential regulatory frameworks ...

The expanded accredited investor definition spread beside a 2020 subscription update new

When the Securities and Exchange Commission voted 3-2 in August 2020 to amend the accredited investor definition for the first time in over three decades, ...

A SB-1079 foreclosure landmine map spread on a litigation strategy desk each litigation trigger

California’s Senate Bill 1079 fundamentally restructured how non-judicial foreclosures work for residential properties with one to four units. Enacted effective January 1, 2021, the law ...