Articles and News
- Marketing and Events
Networking opportunities for lenders are one of the most important tools for long-term success in the private lending industry. In a business built on relationships, visibility, and trust, the value of strategic networking cannot be ...
- Foreclosure and Loss Mitigation
Busted construction projects can be extremely stressful for a lender. Construction projects are inherently risky and don’t always go as planned. A lender is literally providing funds to a borrower who will “lego” together the ...
- Litigation, News
A newly enacted California mortgage law, AB 130, signed by Governor Gavin Newsom on June 30, 2025, is set to have a severe impact on lenders operating in the state of California. While primarily intended ...
- Corporate & Securities
Funds are a powerful tool for scaling capital, serving investors, and building a reputable lending platform – but understanding proper fund formation is crucial. Understanding how your fund is structured, how to comply with securities ...
- Lending Compliance, Loan Document Preparation
In the current lending landscape, brokers are increasingly relying on a loan servicing agreement as they return to brokering loans to private investors while retaining servicing rights. This approach provides a recurring source of revenue, ...
- Banking & Finance, Loan Document Preparation
Some mortgage originators may argue that to avoid closing delays, the most critical aspect of the loan file is the sales process. In reality, however, the primary functions of the loan origination process – marketing, ...
- News
Major developments for REITs after the July 3 ruling. On July 3, 2025, the U.S. House of Representatives narrowly approved H.R. 1, the “One Big Beautiful Bill Act”, by a vote of 218–214, advancing a ...
- Corporate & Securities, Corporate Business Law
You’re getting ready to start your business, but there’s just one hurdle left: where is the best state to form an LLC for real estate investing? For many private lenders, entity formation goes beyond paperwork; ...
- Litigation, Litigation & Bankruptcy
There’s a common misconception in the lending industry that judicial foreclosures take “too long” and are “too costly.” While it’s true that some non-court-based options may move faster, court-supervised remedies offer powerful legal advantages that ...
- Banking & Finance, Lending Compliance
When the In re Moon case ruling first made waves in the California lending industry in 2022, many seasoned lending professionals, from brokers to lawyers, sprang into action to fight against the local California bankruptcy ...
- News
Geraci LLP has rebranded as Fortra Law, reflecting a renewed commitment to strategic legal counsel and fortified client protection in the private lending industry. The same trusted team remains in place, with a formal in-person ...
- Securities and Capital Markets
Real Estate Investment Trusts (REITs) have gained significant traction in private lending for debt funds since 2017. With its attractive features like 20% tax savings, UBTI blocking, and state withholding blocking, it has become a ...
- Foreclosure and Loss Mitigation
Busted construction projects can be extremely stressful for a lender. Construction projects are inherently risky and don’t always go as planned. A lender is literally providing funds to a borrower who will “lego” together the ...
- Lending Compliance, Loan Document Preparation
In the current lending landscape, brokers are increasingly relying on a loan servicing agreement as they return to brokering loans to private investors while retaining servicing rights. This approach provides a recurring source of revenue, ...
- Banking & Finance, Loan Document Preparation
Some mortgage originators may argue that to avoid closing delays, the most critical aspect of the loan file is the sales process. In reality, however, the primary functions of the loan origination process – marketing, ...
- Banking & Finance, Lending Compliance
When the In re Moon case ruling first made waves in the California lending industry in 2022, many seasoned lending professionals, from brokers to lawyers, sprang into action to fight against the local California bankruptcy ...
- Banking & Finance, Loan Document Preparation
When it comes to drafting loan documents, even the most seasoned private lenders can find themselves searching for a simpler and cost-effective solution to draft, revise, or generate their loan documents quickly. As technology advances, ...
- Banking & Finance, Lending Compliance, Loan Document Preparation
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 the proceeds are NOT primarily used for personal, family, or ...
- Banking & Finance, Lending Compliance
Private money transactions are governed by Article Five of the California Department of Real Estate (DRE) Regulations. Article Five covers scenarios like pooling of funds, threshold reporting, and advertising to investors as these issues relate ...
- Banking & Finance, Lending Compliance, News
As the 2025 New York legislative session unfolds, Senate Bill S3177 has been reintroduced to the New York Senate. Originally introduced in the 2019 – 2020 legislative session under S6688, S3177 aims to regulate commercial ...
- Banking & Finance, Lending Compliance, News
Lenders operating in Maryland can expect more changes regarding mortgage licensing laws, following the latest emergency regulations and guidance issued by the Maryland Office of Financial Regulation (OFR). The new guidance was released on January ...
- Banking & Finance, Lending Compliance, Loan Document Preparation
For brokers in California, adhering to the strict compliance requirements of the California Department of Real Estate (DRE) when issuing loan documents is crucial. Failing to meet DRE compliance requirements, which range from borrower disclosures ...
- Corporate & Securities, Lending Compliance
For a debt fund to be a successful business strategy for a lender, an understanding of state-specific licensing requirements is crucial. The proper licensing approach must align with both state-specific regulatory requirements and the fund’s ...
- Banking & Finance, Lending Compliance
- Corporate & Securities
Funds are a powerful tool for scaling capital, serving investors, and building a reputable lending platform – but understanding proper fund formation is crucial. Understanding how your fund is structured, how to comply with securities ...
- Corporate & Securities, Corporate Business Law
You’re getting ready to start your business, but there’s just one hurdle left: where is the best state to form an LLC for real estate investing? For many private lenders, entity formation goes beyond paperwork; ...
- Securities and Capital Markets
Real Estate Investment Trusts (REITs) have gained significant traction in private lending for debt funds since 2017. With its attractive features like 20% tax savings, UBTI blocking, and state withholding blocking, it has become a ...
- Corporate & Securities, Lending Compliance
For a debt fund to be a successful business strategy for a lender, an understanding of state-specific licensing requirements is crucial. The proper licensing approach must align with both state-specific regulatory requirements and the fund’s ...
- Corporate & Securities, News
- Corporate & Securities
As an attorney who specializes in fund formation, there is frequent discussion around the use of an open-end or “evergreen” or closed-end fund structure. They each have their benefits and are commonly utilized across the ...
- Corporate & Securities
Raising capital is a necessary component for businesses in any industry, and the real estate and finance industry is no exception. After a general strategy is planned out, selecting the right securities exemption framework is ...
- Corporate Business Law, News
On February 18, Eastern District of Texas Judge Jeremy Kernodle reinstated the enforcement of the Corporate Transparency Act (CTA), reversing the injunction he issued a month prior. The future of the CTA was uncertain after ...
- Corporate & Securities, Securities and Capital Markets
Private lenders nationwide will tell you that defaults have climbed in a meaningful, but not distressing, way over the past 12 to 18 months. Since 2023, Fortra Law has fielded many questions about distressed debt ...
- Corporate Business Law
This article will discuss my perspectives on the private lending industry outlook for 2025, with a primary focus on debt funds. The Viability of Debt Fund Strategies Many private lenders have wondered whether the “Debt ...
- Corporate & Securities
A Texas federal court has stopped the government from enforcing the Corporate Transparency Act (CTA) across the entire country. The CTA required businesses to share private details about their beneficial owners with the Financial Crimes ...
- Corporate & Securities
As a private lender in California, it is crucial to understand the unique requirements and limitations between a California Finance Lenders License (CFL) versus a Department of Real Estate (DRE) Broker License. Each license imposes ...
- Litigation, News
A newly enacted California mortgage law, AB 130, signed by Governor Gavin Newsom on June 30, 2025, is set to have a severe impact on lenders operating in the state of California. While primarily intended ...
- Litigation, Litigation & Bankruptcy
There’s a common misconception in the lending industry that judicial foreclosures take “too long” and are “too costly.” While it’s true that some non-court-based options may move faster, court-supervised remedies offer powerful legal advantages that ...
- Litigation, Litigation & Bankruptcy
From failing to adhere to state-specific compliance regulations, to market volatility, private lenders must stay aware and informed of the various risks that impact the industry. One of those risks is fraudulent borrower claims. These ...
- Litigation, Litigation & Bankruptcy
- Eviction/Unlawful Detainer, Litigation & Bankruptcy
- Bankruptcy, Litigation & Bankruptcy
Bankruptcy is a complex and often misunderstood process, particularly for lenders navigating the challenges of protecting their interests. Misconceptions can lead to missed opportunities or unnecessary losses. Below are six common myths about borrower bankruptcy ...
- Litigation
In lender liability and wrongful foreclosure lawsuits, plaintiffs will often add a cause of action to cancel written instruments. A lender must have an understanding of the repayment rules in these cases, as this cause ...
- Litigation & Bankruptcy
When a borrower has defaulted, a temporary restraining order can exacerbate an already frustrating situation. Deciding to foreclose is a (sometimes) difficult, but necessary, decision. It is even more frustrating when the borrower sues (always ...
- Litigation & Bankruptcy
Running a medium-sized business is a bit like juggling flaming swords. You must keep expenses in check while dodging rising costs and wages. But what happens when a major borrower or key vendor suddenly files ...
- Litigation
As a property owner in California, it’s crucial to know your rights and take proactive measures to safeguard your property from squatters. Understanding squatter rights and the legal steps to evict them can protect your ...
- Lending Compliance, Litigation, Loan Document Preparation
In a landmark decision, (Loper v. Raimondo and Relentless v. DoC), the US Supreme Court restricted the power of federal agencies to interpret laws they oversee, emphasizing that courts should now rely on their own ...
- Litigation & Bankruptcy
Considering a foray into the (entirely legal) cannabis industry, not as a grower but as a financier? The question arises: if your investment goes up in smoke due to a borrower’s default, are you inevitably ...
- Litigation, News
A newly enacted California mortgage law, AB 130, signed by Governor Gavin Newsom on June 30, 2025, is set to have a severe impact on lenders operating in the state of California. While primarily intended ...
- News
Major developments for REITs after the July 3 ruling. On July 3, 2025, the U.S. House of Representatives narrowly approved H.R. 1, the “One Big Beautiful Bill Act”, by a vote of 218–214, advancing a ...
- News
Geraci LLP has rebranded as Fortra Law, reflecting a renewed commitment to strategic legal counsel and fortified client protection in the private lending industry. The same trusted team remains in place, with a formal in-person ...
- Banking & Finance, Lending Compliance, News
As the 2025 New York legislative session unfolds, Senate Bill S3177 has been reintroduced to the New York Senate. Originally introduced in the 2019 – 2020 legislative session under S6688, S3177 aims to regulate commercial ...
- Banking & Finance, Lending Compliance, News
Lenders operating in Maryland can expect more changes regarding mortgage licensing laws, following the latest emergency regulations and guidance issued by the Maryland Office of Financial Regulation (OFR). The new guidance was released on January ...
- Corporate & Securities, News
- News
- Corporate Business Law, News
On February 18, Eastern District of Texas Judge Jeremy Kernodle reinstated the enforcement of the Corporate Transparency Act (CTA), reversing the injunction he issued a month prior. The future of the CTA was uncertain after ...
- News
As a second term unfolds for the Trump administration, many significant policy changes are already underway via the executive branch. While these changes are largely favorable for the Republican party, their slight majority in both ...
- Foreclosure and Loss Mitigation, News
Written by Nema Daghbandan, Esq. and Matthew B. Gunter, Esq., Attorney, Lightning Docs Click here to jump to the April 2024 update. Many lenders in our industry are not licensed to lend in California, but ...
- Geraci Updates, News
IRVINE, February 9, 2024 – Fortra Law, the nation’s foremost private lending law firm, proudly announces the promotion of Steven E. Ernest, Esq., to the esteemed position of Partner. In his elevated role, Mr. Ernest ...
- Corporate Business Law, News
The Corporate Transparency Act (CTA), enacted earlier this year by the US Congress, is set to usher in a new era of financial transparency and anti-money laundering efforts. In this article, I would like to ...
- Marketing and Events
Networking opportunities for lenders are one of the most important tools for long-term success in the private lending industry. In a business built on relationships, visibility, and trust, the value of strategic networking cannot be ...
- Marketing and Events
In the world of private lending, where every decision impacts the bottom line, it’s crucial to view marketing as an asset rather than just a cost. As a long-term marketing executive, I’ve witnessed firsthand how ...
- Geraci Updates, News
IRVINE, February 9, 2024 – Fortra Law, the nation’s foremost private lending law firm, proudly announces the promotion of Steven E. Ernest, Esq., to the esteemed position of Partner. In his elevated role, Mr. Ernest ...
- Geraci Updates, News
Jennifer Young, Esq., Promoted to Partner at Geraci Corporate and Securities Team Positioned for Growth in 2024 December 6, 2023, IRVINE – Fortra Law is pleased to announce the promotion of Jennifer Young, Esq., to ...
- Geraci Updates, News
Many of you are familiar with the UCC forms used to make financing statement filings with various state government offices and upon the land records as fixture filings. The forms we are used to were ...
- Geraci Updates, News
Advanced Loan Modifications Now Available on Lightning Docs IRVINE, April 21, 2023 – Lightning Docs, a proprietary cloud-based business purpose loan document generation system, has just completed Beta testing their advanced loan modification module. Available ...
- Case Studies, Eviction/Unlawful Detainer
The residential eviction process is stressful enough, but California’s SB-1079 (CC § 2924m) can convolute the process in ways that require a skilled litigator with subject-matter expertise to navigate successfully. Whether you’re a foreclosing lender, ...
- Geraci Updates, News
IRVINE, CA – February 9, 2023. Fortra Law, the nation’s largest private lending law firm, celebrated the one-year anniversary of Head of Litigation, Steven Ernest, Esq. taking the helm for his team. Under his leadership, ...
- Geraci Updates, News
Fortra Law and Wright, Finlay & Zak have prepared a Joint Statement, which you can read in full below, providing a detailed analysis of the current state of the law and other frequently asked questions ...
- Geraci Updates, News
- Geraci Updates, News
Lightning Docs Named Official Loan Docs ofThe American Association of Private Lenders (AAPL) Lightning Docs Recognized as Private Lending Industry StandardBusiness Purpose Loan Documents Irvine, CA, October 11, 2022 — Lightning Docs, a proprietary cloud-based ...
- Guest Blogs
This article was originally published in Originate Report Magazine Would you skydive without a parachute? Of course not. So, why should lending without a safety net be any different? Axylyum Charter, a company aimed at ...
