Tag: California Law

Professional compliance and regulatory requirements for private lenders - AB 130: Essential Compliance Requirements for Ca...

On June 30, 2025, California Governor Gavin Newsom signed AB 130 into law, creating immediate and substantial new requirements for lenders foreclosing on subordinate liens secured by residential real property. This legislation adds yet another layer of complexity to California’s already intricate foreclosure landscape—and unlike

Published: October 2019 Updated for 2025 A persistent misconception haunts California private lending: the belief that market rates determine what lenders may charge, free from regulatory constraint. This dangerous misunderstanding has cost non-exempt lenders millions in penalties, forfeited interest, and litigation expenses. The reality proves

By Anthony Geraci, Esq. | Founder, Geraci LLP Published: October 2022 | Updated: January 2025 Default interest provisions represent one of the most important economic protections available to private lenders. The ability to charge elevated interest rates when borrowers breach payment obligations serves two essential

Executive Summary Even in robust real estate markets, lenders occasionally face scenarios where foreclosure sale proceeds fail to satisfy outstanding loan balances. Whether due to junior lien positions, property deterioration, or market corrections, these shortfalls create deficiency balances—amounts the borrower contractually owes but collateral cannot

Executive Summary California mortgage brokers operating under DRE licensure face complex reporting obligations that many firms inadvertently violate. Understanding whether your brokerage triggers threshold or multi-lender reporting status—and what compliance steps follow—can save substantial regulatory headaches and protect your license. This comprehensive guide breaks down