Articles and News
SEC Qualified Client Rule: What Fund Managers Need to Do Next
The SEC's proposed increase to qualified client thresholds, raising the bar to $1.4 million in assets under management and $2.7 million in net worth, may look like a routine inflation ...
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The Hidden Risks of All-Inclusive Trust Deeds (AITDs) and Wrap Mortgages
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 ...
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Loan Workout vs Foreclosure: How Lenders Should Evaluate Default Strategy
Every private lender eventually faces the same moment when dealing with a loan default. The borrower defaults, the excuses arrive on schedule, and you must decide between a loan workout ...
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California Foreclosures: Strategies for Private Lenders (2026 Guide)
California foreclosures are the legal process that allows a lender to recover amounts owed on a defaulted loan by selling the property securing the debt. In California, this process has ...
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Offshore Capital Risks: A Tactical Guide 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 ...
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Converting Rule 506(b) Offerings to Rule 506(c): Considerations for Fund Managers
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 ...
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California Anti-Deficiency Laws: What Lenders Can Recover and Where Guaranties Fit
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 ...
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Crisis Management When Defaults and Foreclosures Climb in Debt Funds
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 ...
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AML Compliance for Private Lenders: FinCEN Real Estate Rule
FinCEN’s Residential Real Estate Rule impacts AML compliance for private lenders. Learn what the 2026 effective date means for your business.
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Protecting Lender Rights in California Bankruptcy Cases: A Practical Guide
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.
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Title Insurance 101: What You Need to Know About 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 ...
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Corporate Governance Essentials for Scaling Private Lending Firms
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 ...
Read More- Corporate & Securities
- Banking & Finance
- Foreclosure and Loss Mitigation, Litigation, Litigation & Bankruptcy
Every private lender eventually faces the same moment when dealing with a loan default. The borrower defaults, the excuses arrive on schedule, and you must decide between a loan workout vs foreclosure or litigation. The ...
- Foreclosure and Loss Mitigation
California foreclosures are the legal process that allows a lender to recover amounts owed on a defaulted loan by selling the property securing the debt. In California, this process has historically been straightforward for private ...
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- Banking & Finance
- Uncategorized
- Banking & Finance, Foreclosure and Loss Mitigation
- Banking & Finance, Corporate & Securities, News
- Bankruptcy, Litigation & Bankruptcy
- Banking & Finance, Loan Document Preparation
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 & Securities, Corporate Business Law
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 ...
- Corporate & Securities, Securities and Capital Markets
Fractional interests in loans, where a single loan is divided into multiple pieces and sold to multiple investors, have become increasingly popular through web-based investment platforms. These platforms make it easy for investors to purchase ...
- Corporate & Securities, Securities and Capital Markets
Raising debt from foreign investors can be a powerful tool for building a robust lending platform, however it’s essential to understand the best practices for engaging with foreign investors. This article outlines the 3 key ...
- Corporate & Securities, Securities and Capital Markets
Imagine a long-time friend, James, approaches you with an opportunity to purchase a four-unit apartment building together. He’s found a promising property and plans to renovate it, add an accessory dwelling unit, and lease it ...
- Corporate & Securities, Securities and Capital Markets
The rise of the mega fund has reshaped the private credit landscape, creating both opportunities and challenges for smaller and mid-market lenders. Firms such as Blackstone, KKR, Brookfield, and Ares have raised billions in private ...