Articles and 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 ...
- 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 ...
- 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, Geraci LLP has fielded many questions about distressed debt ...
- 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 ...
- Lending Compliance
This article was originally published for the California Mortgage Association on December 4th, 2024. You can find the article in its original format here: AB 3108 – Misrepresentations on Business Purpose and Residential Bridge Loans ...
- 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 ...
- Loan Document Preparation
On September 20th, 2024, California lawmakers passed AB 2424 Mortgages, foreclosure (“AB 2424”), a new law focusing on certain foreclosure notices and disclosures to borrowers when working with 1-to-4 family properties in California, among other ...
- Corporate & Securities
Click here to jump to the December 2024 update. 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 ...
- Litigation
In lender liability and wrongful foreclosure lawsuits, plaintiffs will often add a cause of action to cancel written instruments. Typically, this cause of action seeks to cancel a written instrument such as a deed of ...
- Litigation & Bankruptcy
When a borrower has defaulted, it is frustrating enough. Deciding to foreclose is a (sometimes) difficult, but necessary, decision. What is infuriating is when the borrower sues (always on the eve of the Trustee’s Sale) ...
- Lending Compliance
This article was originally published for the California Mortgage Association on December 4th, 2024. You can find the article in its original format here: AB 3108 – Misrepresentations on Business Purpose and Residential Bridge Loans ...
- Loan Document Preparation
On September 20th, 2024, California lawmakers passed AB 2424 Mortgages, foreclosure (“AB 2424”), a new law focusing on certain foreclosure notices and disclosures to borrowers when working with 1-to-4 family properties in California, among other ...
- Banking & Finance
Written by Nema Daghbandan Esq. CEO of Lightning Docs, and Melissa Martorella, Esq. Partner of Geraci LLP If you are a private lender, you have probably heard a combination of these words thrown out. Worse, ...
- 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 ...
- Foreclosure and Loss Mitigation
By Staford François, Partner, CohnReznick The recent macro-economic environment has led to significant changes in the private credit space. Most loan operators have seen their share of non-performing loans, which at times has led to ...
- Banking & Finance
Written by Matthew B. Gunter, Esq., Attorney, Lightning Docs Thankfully, only a handful of states require a license to lend or to broker or service a loan, but when a license is required, strict compliance ...
- Banking & Finance
Written by Matthew B. Gunter, Esq., Attorney, Lightning Docs Usury is a term that refers to the law that sets a maximum interest rate on certain loans in a given state. These laws vary tremendously ...
- Banking & Finance
Written by Matthew B. Gunter, Esq., Attorney, Lightning Docs Prepayment penalties, or “prepayment premiums” as we prefer to call them, are the charging of a fee in lieu of interest that would have otherwise been ...
- Banking & Finance
LEGAL UPDATE May 2024: As anticipated in our Cannabis 2024 Outlook article “Still Growing Like a Weed”, the Department of Justice formally sought to reclassify marijuana from Schedule 1 drug under the Controlled Substances Act ...
- 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 ...
- Loan Document Preparation
Sometimes, people are afraid to ask the basic questions, for fear that the questions are too obvious or that they should know better. But a question that invariably comes up and which is a great ...
- Lending Compliance
Simplify Your Compliance Strategy Conducting business as a licensed mortgage lender or broker in California can be daunting. It’s no small thing to manage and govern all of your lender and broker compliance requirements. Not ...
- 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, Geraci LLP 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
Click here to jump to the December 2024 update. 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 ...
- 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 ...
- Corporate & Securities
The popularity of funds in private lending has surged significantly in recent years. Geraci LLP, known for its expertise in this realm, has been instrumental in crafting and tailoring debt funds for private lenders nationwide, ...
- Corporate & Securities
In the past year, many private lenders have inquired about pursuing a non-performing debt fund strategy. However, they have many misconceptions that these funds can look and perform exactly like a performing open-ended debt fund. ...
- Corporate & Securities
Private lenders, real estate developers, and other private investors often raise capital through private offerings using SEC registration exemptions such as Regulation D of the Securities Act of 1933 (“Funds”). Given that exempt securities offerings ...
- Corporate & Securities
Introduction Business purpose loans to individuals secured by residential property represent a niche, yet significant, segment of the private lending market. These loans differ from traditional owner-occupied dwelling mortgages as they are intended for business, ...
- Corporate Business Law
Private lenders provide vital financing options for real estate investors. However, there are numerous myths and misconceptions surrounding the licensing rules for private lenders, specifically in Business Purpose Lending (BPL) secured by residential real estate. ...
- 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. Typically, this cause of action seeks to cancel a written instrument such as a deed of ...
- Litigation & Bankruptcy
When a borrower has defaulted, it is frustrating enough. Deciding to foreclose is a (sometimes) difficult, but necessary, decision. What is infuriating is when the borrower sues (always on the eve of the Trustee’s Sale) ...
- 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
When it comes to the legal landscape of California, the process of serving a lawsuit is akin to navigating a complex maze. For anyone embarking on this journey, whether you’re a seasoned attorney or a ...
- Litigation
Most are predicting a tough economic climate for 2024 (the “risk”). I have no reason to disagree with them. However, that climate can be organized for huge gains to you (the “reward”). This will be ...
- Banking & Finance, Corporate & Securities, Litigation & Bankruptcy, News
Every year about this time, our Geraci Leadership team takes a moment to reflect on the past year and discuss their thoughts about the next one. While the overall sentiment is generally a continuation of ...
- Litigation & Bankruptcy
Private lenders play a pivotal role in the financial ecosystem, bridging the gap for borrowers who might not qualify for traditional investment property loans. Yet, this flexibility can inadvertently expose them to higher risks—particularly, mortgage ...
- Litigation & Bankruptcy
In the tapestry of financial transactions, private lenders weave a path distinctly separate from traditional banking institutions. Their agility and flexibility have allowed countless individuals and businesses to secure funding, often during pressing times. However, ...
- 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 – Geraci LLP, 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 ...
- Banking & Finance, Corporate & Securities, Litigation & Bankruptcy, News
Every year about this time, our Geraci Leadership team takes a moment to reflect on the past year and discuss their thoughts about the next one. While the overall sentiment is generally a continuation of ...
- Geraci Updates, News
Jennifer Young, Esq., Promoted to Partner at Geraci Corporate and Securities Team Positioned for Growth in 2024 December 6, 2023, IRVINE – Geraci LLP is pleased to announce the promotion of Jennifer Young, Esq., to ...
- Banking & Finance, News
As we navigate the intricate tapestry of the 2023 economic market, lenders worldwide are grappling with the looming specter of a potential recession. With global economic indicators showing signs of volatility and uncertainty, it’s more ...
- 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 ...
- Lending Compliance, News
What’s Going On? In the absence of a comprehensive federal law in the United States, states are taking matters into their own hands by passing sweeping privacy legislation. As of the date of this Article, ...
- Banking & Finance, News
By now, nearly everyone has heard of Silicon Valley Bank, Signature Bank, and First Republic Bank. All three banks failed spectacularly sparking a run on other regional banks and a flight of deposits from smaller ...
- Lending Compliance, News
BACKGROUND The CFPB continues to use data reporting as a means to expand its reach into private lending. This most recently occurred through the CFPB’s expansion of the reporting requirements under the Equal Credit Opportunity ...
- Other
Recessions come and go, and it has been several years since the last one. If you don’t count the COVID-19 pandemic, the most recent recession was 17 years ago. As a private lender, you are ...
- Marketing and Events
Networking has always been a cornerstone of business success across industries, but it plays an especially vital role in the private lending sector. For lenders, networking goes beyond just meeting people; it’s about building relationships ...
- 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 – Geraci LLP, 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 – Geraci LLP 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. Geraci LLP, 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
Geraci LLP 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 ...
