Articles and News
- 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 ...
- Banking & Finance
Since our last Cannabis Outlook Article published in April 2023, Cannabis legalization continues to expand and grow like a weed. Cannabis is now legal in twenty-four (24) states and the District of Columbia, while an ...
- Foreclosure and Loss Mitigation, News
Click here to jump to the April 2024 update. Many lenders in our industry are not licensed to lend in California, but instead rely upon a licensed real estate broker to arrange the loan which ...
- 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. ...
- 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 ...
- 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 ...
- 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 ...
- Securities and Capital Markets
In the dynamic landscape of private lending, the strategic establishment of a debt fund becomes a pivotal move for those who seek to be a true direct lender or balance sheet lender. In this introductory ...
- 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 ...
- 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 ...
- 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 ...
- Banking & Finance
Since our last Cannabis Outlook Article published in April 2023, Cannabis legalization continues to expand and grow like a weed. Cannabis is now legal in twenty-four (24) states and the District of Columbia, while an ...
- Foreclosure and Loss Mitigation, News
Click here to jump to the April 2024 update. Many lenders in our industry are not licensed to lend in California, but instead rely upon a licensed real estate broker to arrange the loan which ...
- 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 ...
- 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 ...
- Loan Document Preparation
These days, almost all commercial loans include an Assignment of Rents as part of the Deed of Trust or Mortgage. But what is an Assignment of Rents, why is this such an important tool, and ...
- Litigation & Bankruptcy, Loan Document Preparation
Your borrower has an income generating property (generally tenants who are paying monthly rent) and is (presumably) collecting it. He isn’t paying you, though. Where is the money going? You ask, and he tells you ...
- Loan Document Preparation
Who is signing your loan documents? Does it matter? We hope you have an answer to the first question. The answer to the second question is a resounding YES. Failure to have the proper signers ...
- Banking & Finance
What is a Power of Attorney? A Power of Attorney (POA) is a legal document that grants one individual (the “attorney-in-fact” or “agent”) the power to act on behalf of another (the “principal”) without relinquishing ...
- Loan Document Preparation
As part of every loan, it is essential to know that the correct party is signing to ensure the obligations are binding on the borrower. When the borrower is an individual, this is a piece ...
- 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 ...
- Lending Compliance
Private Lenders utilize advertising for their services every day, whether through websites, emails, texts, business cards, social media, or telephone solicitations. Successful advertising makes people remember your company and helps you reach new customers. However, effective ...
- 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. ...
- Securities and Capital Markets
In the dynamic landscape of private lending, the strategic establishment of a debt fund becomes a pivotal move for those who seek to be a true direct lender or balance sheet lender. In this introductory ...
- 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 ...
- Securities and Capital Markets
In the world of private lending, creating a Real Estate Investment Trust (REIT) can offer numerous advantages. However, one of the key requirements to maintain REIT status is to have at least 100 equity holders ...
- Securities and Capital Markets
United States real estate has always been a very attractive investment for offshore investors. High rates of return, stable values, and a stable economy have always driven massive interest from overseas. Private lending is no ...
- Corporate Business Law
Private lending continues to be very profitable in the world of real estate investing, but with the continued growth of real estate investing comes the need for more and better funding. To keep up with ...
- News, Securities and Capital Markets
The private lending industry is facing its first extended inflection point since the 2008 Global Financial Crisis. Rising default rates, decreasing home values, lack of new housing inventory, low unemployment, volatility on Wall Street, and ...
- Banking & Finance, Corporate & Securities, Litigation & Bankruptcy, News
It has been a busy March for banking as well as private lending. There have been millions of words written about this, so I’ll mention again briefly in case you’ve been stuck on a ship ...
- News, Securities and Capital Markets
Since the passage of the Tax Cuts and Jobs Act (TCJA) during the Trump Administration, the Section 199A QBI deduction has been a boon to debt funds and small businesses alike. It created a trend ...
- 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 ...
- Securities and Capital Markets
Private lenders are typically utilizing some form of capital sourced from a variety of investors to fund their loans such as institutional investors, high net-worth investors, and retail investors. Geraci LLP specializes in securities within ...
- 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, ...
- Litigation & Bankruptcy, Loan Document Preparation
Your borrower has an income generating property (generally tenants who are paying monthly rent) and is (presumably) collecting it. He isn’t paying you, though. Where is the money going? You ask, and he tells you ...
- Litigation
My boss has told me a few times at conferences, “no one has figured out how to make money in litigation.” I’m assuming he meant no one other than me. Point taken. So, how can ...
- Litigation
Should you be a lender with a borrower in default on a fix & flip property, it is likely you will be taking the property back after foreclosure. There are potential pitfalls for a lender ...
- Litigation
Lender liability law exists to ensure (often unsophisticated) borrowers are protected. For lenders, this sounds simple enough — act in good faith, don’t commit fraud, and you won’t get sued. However, due to the complexity ...
- Banking & Finance, Corporate & Securities, Litigation & Bankruptcy, News
It has been a busy March for banking as well as private lending. There have been millions of words written about this, so I’ll mention again briefly in case you’ve been stuck on a ship ...
- 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, ...
- Foreclosure and Loss Mitigation, News
Click here to jump to the April 2024 update. Many lenders in our industry are not licensed to lend in California, but instead rely upon a licensed real estate broker to arrange the loan which ...
- 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 Law Firm Corporate and Securities Team Positioned for Growth in 2024 December 6, 2023, IRVINE – Geraci LLP is pleased to announce the promotion of Jennifer Young, ...
- 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 ...
- 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 ...
- News, Securities and Capital Markets
The private lending industry is facing its first extended inflection point since the 2008 Global Financial Crisis. Rising default rates, decreasing home values, lack of new housing inventory, low unemployment, volatility on Wall Street, and ...
- 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 Law Firm Corporate and Securities Team Positioned for Growth in 2024 December 6, 2023, IRVINE – Geraci LLP is pleased to announce the promotion of Jennifer Young, ...
- 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 ...
- Guest Blogs
This article was originally published in Originate Report Magazine Would you skydive without a parachute? Of course not. So, why should lending without a safety net be any different? Axylyum Charter, a company aimed at ...
- Guest Blogs
This article was originally published in Originate Report Magazine Armanino LLP, one of the top 25 independent business and accounting firms in the U.S. by revenue, is carving out a name for itself as a ...
- Guest Blogs
This article was originally published in Originate Report Magazine Article by: Ruben Izgelov, We Lend LLC In New York State, news that the eviction and foreclosure moratoria would not be renewed this January was welcomed ...
