Constant through the Chaos

If 2020 has taught us anything, it is that the best way to weather a storm is to have a strong foundation. As the private/non-conventional lending industry continues to chart the best course forward, the Geraci team wants to take it back to the basics – the foundation of your business. For the rest of the year, our content will take you through best practices regarding creation of new entities, setting up funds, how to ensure your documents are state and federally compliant, covering your bases, and what to do in case of litigation.

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California Usury 101: What Interest Rate Can You Charge?

Thursday, Dec 17, 2020 11:00 AM Pacific Time
Hosts: Melissa C. Martorella, Esq. and Anthony F. Geraci, Esq. of Geraci LLP.
A common misconception from lenders and brokers when making business purpose loans in California is that any amount of interest accruing on the loan is permissible. While there are various exemptions to California’s usury laws, there is truly no “one size fits all” solution to approach interest rates and default interest when lending in California. In addition, California does have strict penalties for loans that violate its usury laws, so whenever possible, lenders should know how to “fix” their problem loans.

In the webinar, you will learn:

    • How California views usury and establishes maximum interest rates
    • Various exemptions to usury under California law
    • Common approaches to determine interest rates and default rates
    • How to “fix” a usurious loan
    • Penalties for usurious loans

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[PAST] AB 3088 & SB 1079: Fundamentally Modified Foreclosures in CA – What Lenders Need to Know

Wednesday, Oct 28, 2020 11:00 AM Pacific Time
Hosts: Melissa Martorella Esq. and Nema Daghbandan Esq. of Geraci
In 2013, California passed the Homeowner Bill of Rights (“HBOR”) requiring lenders and servicers to notify borrowers about loss mitigation options prior to initiating a foreclosure. Until recently, HBOR only applied to consumer purpose loans. The California legislature recently enacted AB 3088, extending HBOR’s consumer protections to most loans secured by residential property, even if they are for business purposes. Additionally, California recently passed SB 1079 which creates a quasi right of first refusal for third parties to buy a foreclosed property up to 45 days after the foreclosure auction.

In the webinar, you will learn:

    • The specific loans AB 3088 applies to and which loans are exempt from the new foreclosure restrictions
    • Specific steps to comply with California’s Homeowner Bill of Rights if your loan is covered
    • A step-by-step guide and timeline to foreclose in California now that AB 3088 is law

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