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.

Meeting the REIT 100 Investor Test

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 ...

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Geraci LLP Elevates Steven E. Ernest, Esq., to Partner, Reinforcing Commitment to Excellence in Legal Representation

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 ...


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Navigating the Maze: Understanding Service of Lawsuits in California

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 ...


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What Constitutes a Good Set of Loan Documents

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 ...


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Private Lending 101 Foundational Considerations in Forming a Debt Fund

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 ...


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Corporate Transparency Act: A Comprehensive Guide for Fund Managers in the Era of Enhanced Financial Accountability

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 ...


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California Compliance Toolkits For Private Lenders

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 ...


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The Economy Is Risky, But the Rewards Are Waiting for You

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 ...


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Where are we headed Geraci leadership is looking forward to 2024

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 ...


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Careful There, Love Protecting Private Lenders from Rampant Mortgage Fraud

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 ...


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Geraci LLP Elevates Steven E. Ernest, Esq., to Partner, Reinforcing Commitment to Excellence in Legal Representation

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, ...


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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 ...


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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 ...


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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, ...


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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 ...


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Signing Authority Why Should I Care Doesn’t Title Insurance Cover Me Anyway

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 ...


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Empowering Agents Through a Power of Attorney What Should Be Included

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 ...