Articles and News
California Mortgage Law Threatens Foreclosures for Lenders
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 ...
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Fund Formation 101 for Private Lenders: What You Need to Know About Legal Structure, Reg D, and State Compliance
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, ...
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5 Must-Have Terms in Your Loan Servicing Agreement
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 ...
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Avoid Closing Delays: Why an Escrow Officer Is Crucial
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 ...
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REITs and the One Big Beautiful Bill Act: What Lenders Need to Know
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 ...
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The Best State to Form an LLC for Real Estate Investing
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, ...
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Why Smart Lenders Choose Judicial Foreclosures
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 ...
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In re Moon and the Future of California Lending
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 ...
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Geraci LLP Rebrands as Fortra Law, Signaling a Bold New Chapter in Private Lending Legal Services
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 ...
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3 Major Issues REITs Can Create and How to Avoid Them
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 ...
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Loan Document Software or Law Firm? 3 Key Considerations for Lenders
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 ...
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Consumer Laws That Apply to Business Purpose Loans
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 ...
Read More- 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 landmark ...
- 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 ...
- 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, loan ...
- 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 ...
- 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 ...
