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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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A commercial real estate lending portfolio spread deal memos, market cap rate reports

Navigating Uncertainty in Commercial Real Estate Finance Commercial real estate lending operates in an environment shaped by evolving market conditions, shifting tenant behavior, and ongoing ...

Borrower files bankruptcy during foreclosure - Geraci LLP

When a borrower falls behind on mortgage payments, foreclosure proceedings may begin. If a debtor files bankruptcy while the foreclosure process is underway, the automatic ...

Bulletproof your loan documentation - Geraci LLP

In private lending, the strength of your deal is only as good as the documents backing it. Whether you’re originating a bridge loan, funding a ...

A Truth in Lending disclosure spread flat on a compliance desk APR, finance charges

For private lenders operating across multiple states and asset classes, few federal regulations carry as much day-to-day significance as the Truth in Lending Act. Commonly ...

Geraci LLP blog article

In a groundbreaking ruling in the cases of Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, the U.S. Supreme Court curtailed the ...

Editorial photograph of a county courthouse steps at dawn, empty and monumental

Many private lenders default to non-judicial foreclosure when a borrower stops paying, viewing it as the faster and cheaper option. While that perception holds true ...

Geraci LLP law firm office

Business purpose loans are nontraditional mortgage loans where a borrower uses loan proceeds for a non-consumer purpose. A non-consumer purpose means any loan in which ...

Real estate law documents - Geraci LLP

We all know construction projects don’t always go as planned. But if you think that lending institutions and brokers aren’t liable when such projects go ...

A corporate campus at dusk, with orderly rows of illuminated office windows casting amber light

The compliance playbook for private lending funds has received a major rewrite. With the passage of the One Big Beautiful Act (OBBA), key tax incentives—including ...

Private lending business meeting - Geraci LLP

For years, private capital markets have favored Rule 506(b) over 506(c) due to one key factor: ease. While 506(c) allowed for general solicitation, it also ...

Private lending uncertainty and legal questions - Geraci LLP

The Private Lender’s Ultimate Guide to Usury in California: How to Navigate Usury is one of those legal landmines that most private lenders don’t think ...

Cinematic wide shot of a storm front rolling over a flat American cityscape at golden hour

The tax landscape for private lenders has undergone a significant transformation. With the passage of the One Big Beautiful Bill Act (OBBA), key provisions of ...