Articles and News
- Contributed
Disclaimer: How Tech for Lenders Can Reduce Risk and Increase ROI is a guest contribution and is for informational purposes only. It is not written by a licensed attorney and should not be relied on ...
- Banking & Finance, Lending Compliance
Private lenders who maintain strong AML compliance protect more than just their portfolios; they safeguard their entire lending platform. Under FinCEN’s current guidance, private lenders are expected to maintain anti-money laundering programs that include due ...
- Banking & Finance, Loan Document Preparation
When preparing loan documents on behalf of our clients, the firm’s practice is to always require a 2021 ALTA loan policy. Often, the title company will come back and offer “Standard Coverage”, an ALTA policy ...
- Eviction/Unlawful Detainer, Litigation & Bankruptcy
The distinction between a squatter vs trespasser in California directly impacts how property owners must respond and what resources they need to deploy. Trespassers can usually be handled quickly by law enforcement with minimal paperwork. ...
- Corporate & Securities, News
Understanding the complexities of private lending licensing regulations can be daunting, which is why the current Utah lending license requirements are under scrutiny for overly rigid conditions that pose a challenge for even the most ...
- Litigation, Litigation & Bankruptcy
Fraud in the non-qualified mortgage market is escalating, and some Non-QM Lenders are responding decisively. Several lenders have begun issuing exclusion lists naming borrowers, appraisers, and even specific regions as ineligible for loans. For lenders, ...
- Banking & Finance, Lending Compliance
AB 130 is reshaping the foreclosure process for California lenders, creating new compliance hurdles and litigation risks that cannot be ignored. In July 2025, following the initial passing, many questions arose about who and what ...
- Banking & Finance, Lending Compliance
Business purpose and consumer loans are two distinct types of financing that private lenders in the real estate industry must understand to properly assess risk, compliance, and borrower eligibility. While both types of loans provide ...
- Banking & Finance, Lending Compliance
Mezzanine loans are a key tool for private lenders looking to expand their participation in real estate transactions beyond senior debt. A mezzanine loan is a second layer of financing that sits behind a regular ...
- Litigation, Litigation & Bankruptcy
A receivership can be the most effective legal tool a private lender has to protect itself after a borrower defaults or mismanages the collateral. Understanding how to request a court-appointed receiver, the powers a receiver ...
- Corporate & Securities
Warehouse financing is a cornerstone of private lending operations, offering lenders a flexible funding solution that allows them to originate loans without depleting internal capital. For private lenders, debt fund managers, real estate investors, and ...
- Corporate & Securities, Securities and Capital Markets
The compliance playbook for private lending funds just got a major rewrite, with REIT compliance becoming more critical than ever. With the passage of the One Big Beautiful Act (“OBBA”), key tax incentives including the ...
- Banking & Finance, Lending Compliance
Private lenders who maintain strong AML compliance protect more than just their portfolios; they safeguard their entire lending platform. Under FinCEN’s current guidance, private lenders are expected to maintain anti-money laundering programs that include due ...
- Banking & Finance, Loan Document Preparation
When preparing loan documents on behalf of our clients, the firm’s practice is to always require a 2021 ALTA loan policy. Often, the title company will come back and offer “Standard Coverage”, an ALTA policy ...
- Banking & Finance, Lending Compliance
AB 130 is reshaping the foreclosure process for California lenders, creating new compliance hurdles and litigation risks that cannot be ignored. In July 2025, following the initial passing, many questions arose about who and what ...
- Banking & Finance, Lending Compliance
Business purpose and consumer loans are two distinct types of financing that private lenders in the real estate industry must understand to properly assess risk, compliance, and borrower eligibility. While both types of loans provide ...
- Banking & Finance, Lending Compliance
Mezzanine loans are a key tool for private lenders looking to expand their participation in real estate transactions beyond senior debt. A mezzanine loan is a second layer of financing that sits behind a regular ...
- Banking & Finance
When originating a business purpose loan secured by real property, a warranty deed can be a key tool for mitigating risk. Lenders want to ensure that nothing can threaten the borrower’s ownership rights, particularly if ...
- Banking & Finance
What are Yield Spread Premiums? A yield spread premium (YSP) is lender-paid compensation a mortgage broker earns when delivering a loan with an interest rate above the lender’s par rate. The par rate is the ...
- Banking & Finance
Mortgage underwriting is the backbone of any successful private lending operation. Whether you’re funding fix-and-flip projects, DSCR rental loans, or ground-up construction deals, effective underwriting is what protects your capital, ensures compliance, and supports long-term ...
- Banking & Finance
When financing real estate, the question of whether to use a deed of trust vs mortgage is not just a matter of terminology; the lender’s rights and remedies in the event of default are significantly ...
- Lending Compliance
As the global private credit market continues to rapidly expand, with a projected growth of 1.67 trillion in 2025, there has never been a better time to partner with a private lending law firm. From ...
- Banking & Finance, Lending Compliance
Hard money lending laws aren’t just legal fine print; they’re the foundation of a successful, compliant lending business. For private lenders, real estate investors, and fund managers, understanding how these laws vary by state is ...
- 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 ...
- Corporate & Securities, News
Understanding the complexities of private lending licensing regulations can be daunting, which is why the current Utah lending license requirements are under scrutiny for overly rigid conditions that pose a challenge for even the most ...
- Corporate & Securities
Warehouse financing is a cornerstone of private lending operations, offering lenders a flexible funding solution that allows them to originate loans without depleting internal capital. For private lenders, debt fund managers, real estate investors, and ...
- Corporate & Securities, Securities and Capital Markets
The compliance playbook for private lending funds just got a major rewrite, with REIT compliance becoming more critical than ever. With the passage of the One Big Beautiful Act (“OBBA”), key tax incentives including the ...
- Corporate & Securities, Securities and Capital Markets
For new investors entering the private lending space, two primary investment structures tend to come up: trust deed investing and real estate debt fund investing. Both can offer attractive, asset-backed returns—but they differ significantly in ...
- 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 ...
- Eviction/Unlawful Detainer, Litigation & Bankruptcy
The distinction between a squatter vs trespasser in California directly impacts how property owners must respond and what resources they need to deploy. Trespassers can usually be handled quickly by law enforcement with minimal paperwork. ...
- Litigation, Litigation & Bankruptcy
Fraud in the non-qualified mortgage market is escalating, and some Non-QM Lenders are responding decisively. Several lenders have begun issuing exclusion lists naming borrowers, appraisers, and even specific regions as ineligible for loans. For lenders, ...
- Litigation, Litigation & Bankruptcy
A receivership can be the most effective legal tool a private lender has to protect itself after a borrower defaults or mismanages the collateral. Understanding how to request a court-appointed receiver, the powers a receiver ...
- Litigation & Bankruptcy, Replevin
Replevin: What a weird Latin word. Often (in America), it is called “Claim and Delivery.” Whatever. Essentially, it is a lawsuit for breach of contract, combined with pre-judgment remedies seeking recovery of your collateral. A ...
- Litigation, Litigation & Bankruptcy
Mortgage fraud is a persistent threat facing private lenders, whose flexibility in serving borrowers outside traditional lending channels can inadvertently open the door to increased risk. By stepping in where banks may not, private lenders ...
- 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 ...
- Corporate & Securities, News
Understanding the complexities of private lending licensing regulations can be daunting, which is why the current Utah lending license requirements are under scrutiny for overly rigid conditions that pose a challenge for even the most ...
- 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 ...
- Fortra 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 ...
- Fortra Updates, Other
Newport Beach, CA – August 29, 2025 – Fortra Law, the nation’s largest private lending law firm, debuted its new brand at the Innovate 2025 Conference in Newport Beach, CA. The two-day event attracted a ...
- 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 ...
- Fortra 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 ...
- Fortra 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 ...
- Fortra 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 ...
- Fortra 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, ...
- Fortra 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, ...
- Fortra 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 ...
- Fortra Updates, News
- Fortra 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 ...