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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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Geraci LLP legal blog article

Regardless of what you may have heard from other business entities or what tactics were used to try to market new firms on Google, Geraci ...

A Reg D offering memorandum and a subscription agreement spread on a polished conference table —

Real estate sponsors, developers, and private lenders have always relied on outside capital to fund their projects and portfolios. Whether the source is high-net-worth individuals, ...

A large U.S. map covered in state-specific annotation usury limits, licensing thresholds

Hard money lending operates within a patchwork of state-level regulations that can vary dramatically from one jurisdiction to the next. For private lenders, real estate ...

Editorial split-map illustration of the United States

Launching a successful debt fund requires more than capital and deal flow. The regulatory landscape governing mortgage lending varies dramatically across jurisdictions, and proper licensing ...

A bridge loan pipeline spreadsheet across a desk deals in various stages

Residential bridge lending has long served as a backbone product for the private lending industry, providing short-term capital to real estate investors who need speed ...

Two title policy jackets

In a perfect world, every lender obtains the most comprehensive title insurance coverage available. The real world, however, routinely presents lenders with a different scenario: ...

A Chapter 13 reorganization plan on a bankruptcy court desk the revesting provision circled and

When a debtor receives a substantial financial windfall during a pending Chapter 13 bankruptcy case, can they rely on a revesting provision to keep those ...

An aerial editorial of a California cannabis cultivation campus permitted greenhouse structures

As California’s cannabis market continues to mature, private lenders, commercial property owners, and investors face a distinct set of regulatory obligations when transacting with licensed ...

A fund manager's conference table investor subscription agreements spread in an arc

Fund managers operating private lending vehicles bear fiduciary responsibilities to their investors. Understanding these duties—and how they apply in practice—protects both managers and the investors ...

A preliminary title report spread on a desk Schedule B exceptions flagged with red tabs

Why Every Private Lender Must Understand Preliminary Title Reports Identifying a qualified borrower and suitable collateral property is only the first phase of a successful ...

A construction contract on a site trailer desk the force majeure clause circled in red

Force majeure clauses appear in nearly every commercial contract — tucked into the boilerplate, rarely negotiated, and almost never read until the moment they matter ...

A commercial lending portfolio dashboard photographed at a market analyst's workstation —

The commercial and multifamily mortgage landscape has undergone dramatic transformation since 2020, when pandemic-driven uncertainty upended lending volumes across virtually every property category. For private ...