Articles and News

At Geraci, our legal experts are committed to keeping you informed on the latest rules, regulations, and strategies that impact your lending business. Explore our topics below or use the search bar for specific insights.
Private lending due diligence involving entity review and title review

Private lenders spend a significant amount of time evaluating collateral, loan terms, and borrower qualifications. Yet some of the most costly lending mistakes happen long before a loan defaults. They occur during due diligence when ...

California lending compliance requirements for CFL and DRE license holders

For many private lenders, obtaining a California Financing Law (CFL) license or a Department of Real Estate (DRE) broker license feels like the finish line. In reality, it is often the starting line for California ...

California bankruptcy pitfalls for private lenders
Learn the most common bankruptcy pitfalls facing California private lenders, including automatic stay violations, cash collateral issues, proof of claim mistakes, and relief from stay strategies. ...
Utah PLM license requirements for private lenders
Private lenders seeking a Utah PLM license now have a new path forward. Learn how Utah changed experience verification requirements for business purpose lenders. ...
SEC rule changes affecting fund managers and investor eligibility
The SEC’s updated qualified client rule is shrinking the investor pool. Learn what fund managers need to do to stay compliant and protect fundraising strategies. ...
risks of all-inclusive trust deeds in wrap mortgage transactions
All-Inclusive Trust Deeds (AITDs) and wraparound mortgages may seem like flexible alternatives to traditional financing, but they come with hidden risks that can cost both buyers and sellers dearly. In an AITD, the buyer pays ...
loan workout vs foreclosure decision for private lenders
Private lenders must navigate the loan workout vs foreclosure decision after default. Learn how to evaluate risk, protect collateral, and maximize recovery. ...
California Foreclosures – Strategies for Lenders
California foreclosures explained for private lenders in 2026. Learn foreclosure laws, timelines, risks, and alternatives to maximize recovery. ...
offshore capital risks for U.S. lenders and fund sponsors
Raising capital from offshore investors can unlock valuable funding opportunities for U.S. lenders and real estate funds, but it comes with added layers of tax, compliance, and regulatory complexity. From ECI exposure and withholding tax ...
The SEC’s 2025 clarification on Regulation D Rule 506(c) is prompting many issuers to reconsider their reliance on Rule 506(b). While the shift offers greater flexibility in solicitation, it also introduces new complexities, particularly around ...
California anti-deficiency laws and lender recovery limitations
California’s anti-deficiency statutes can significantly limit what lenders recover after a real estate loan defaults. While the rules appear straightforward, recovery rights often depend on factors such as the foreclosure method, the nature of the ...
Rising loan defaults and foreclosures can place significant pressure on debt funds, creating liquidity challenges, investor concerns, and increased legal risk. During these periods, fund managers must rely on disciplined crisis management strategies to protect ...
AML Compliance for Private Lenders
FinCEN’s Residential Real Estate Rule impacts AML compliance for private lenders. Learn what the 2026 effective date means for your business. ...
Protect lender rights in California bankruptcy cases with proactive strategies involving the automatic stay, cash collateral, adequate protection, and relief from stay motions. Contact Fortra Law for guidance. ...
Title Insurance

When private lenders evaluate enforcement and recovery risk, title insurance is often misunderstood or minimized, despite its direct impact on lien priority and loss mitigation. That misunderstanding can expose lenders to unnecessary legal disputes, priority ...

Corporate Governance

As private lending firms grow beyond a founder-led operation, the decisions that once felt easy, such as approving loans, onboarding investors, managing capital, and setting internal processes, can become increasingly complex.  Growth brings opportunity, but ...