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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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Painterly editorial illustration of a chain of ownership stretching back through time

When originating business purpose loans secured by real property, understanding warranty deeds is essential for protecting your collateral. These legal instruments serve as contractual safeguards ...

Two ALTA loan policies side by side on a light table 2006 edition on the left

The American Land Title Association (ALTA) transitioned from the longstanding 2006 loan policy to the updated 2021 version, which is now the standard form issued ...

A promissory note and deed of trust spread on a closing table the seller's signature visible

When a real estate transaction closes with the seller providing financing to the buyer, the arrangement is commonly known as a “seller carry-back” or “seller ...

A signature block on a loan document the authorized officer's name, title

Verifying that the right person signs your loan documents is not a technicality; it is a fundamental requirement that determines whether your loan is enforceable. ...

Special dividends for private lending funds - Geraci LLP
Discover how Mortgage REITs unlock tax advantages for private lenders with OBBBA 2025 reforms. 20% QBI deduction, 25% TRS flexibility, and expert REIT formation by ...
A rejected loan document a signature crossed out in red

Every private lender has encountered the question: does it really matter who signs the loan documents, as long as title insurance is in place? The ...

Understanding Loan Parties A Legal And Strategic Guide For Private Lenders In 2025 - Geraci LLP

Published: November 2020 | Updated: January 2025 By Geraci LLP Banking & Finance Team Introduction: Beyond Simple Two-Party Transactions Real estate loan transactions rarely involve ...

Painterly illustration of a distressed commercial property

As market conditions create opportunities in non-performing loan acquisition, many private lenders explore distressed debt fund strategies. However, these funds differ fundamentally from traditional performing ...

A California DRE compliance manual open on a desk annotated pages, highlighted sections

California maintains some of the most rigorous regulatory standards in the nation when it comes to real estate lending and brokerage activities. For private lenders ...

Private Lending Legal Compliance Guide Navigating State By State Regulations In 2025 - Geraci LLP

By Anthony Geraci, Esq. | Founder, Geraci LLP Published: August 2019 | Updated: January 2025 Private real estate lending operates within a complex regulatory framework ...

A stack of thick loan files spread across a weathered oak desk

Effective mortgage underwriting is the foundation of a profitable and sustainable private lending business. Whether a lender specializes in fix-and-flip financing, DSCR rental loans, bridge ...

An opportunity zone development under construction a partially built mixed-use project

The Qualified Opportunity Zone (QOZ) program—established under the Tax Cuts and Jobs Act—has generated substantial interest among real estate developers and private lending clients since ...