Loan participation agreements have ample benefits and risks for lenders. Below are several common myths on loan participation agreements circulating in the private lending industry along with explanations on why they are incorrect. Myth #1 – Only banks can sell participation interest in mortgage loans. FALSE. Mortgage lenders can kick off a participation agreement with …
Mortgage Funds used to be the primary means of capital in private lending. Today, there is so much institutional capital in the market that many lenders defer to selling loans, correspondence, or table funding. Many existing fund managers struggle with these market conditions. Some have even asked me: “Should I just shut it all down …
Use Wall Street to Fuel Returns for YOU and YOUR Investors! Read More »
Dealing with a financial crisis during uncertain times creates significant challenges for many lenders and borrowers. As seen during the COVID-19 crisis, a significant number of borrowers had difficulty making their mortgage payments, leaving lenders with no choice but to move forward with foreclosure. However, there is an alternative to foreclosure that offer advantages to …
Why You Should Consider a Deed in Lieu of Foreclosure Read More »
Threshold and multi-lender broker reporting requirements in California are a source of confusion for many people who broker loans in California, resulting in compliance violations which could have easily been avoided. This article will provide a road map for California mortgage brokers to determine (a) whether they are subject to the additional compliance obligations and …
Complying with California Threshold and Multi-Lender Broker Reporting Requirements Read More »
In our lives we sometimes come across concepts that sound great in theory, but we do not really understand them. We would like to incorporate them into our world, but we are reluctant to do so because they kind of scare us. If we do end up utilizing them, we either half-adopt the idea or …
Making Sense of Cross-Default and Cross-Collateralization Provisions Read More »
Lenders are typically responsible for drawing up a loan contract to detail the commitments of a loan agreement with borrowers, from how funds will be used to exactly how and when they will be repaid. When it comes to real estate lending, these agreements can be complex and often require more than a simple signature …
Loan Agreement Basics: A Guide to Who’s Who in a Loan Read More »
When it comes to guarantees, one size does not fit all. What type of guaranty is best for your loan? As a private lender underwriting a loan, guarantees can help limit the risk associated with taking on debt, adding an extra layer of safety in the event that a borrower defaults or the value of …
We understand that during this uniquely challenging time, California Lenders are focused on ways to keep their businesses afloat despite fluctuations in the market. This may lead to changes in location, control persons, directors, trustees, members, managers, branch managers, or qualifying individuals. It is important to know that any of these changes will require an …
Lenders operating in the commercial real estate space will frequently require, or consider requiring, an additional document referred to as an “SNDA,” an acronym that stands for “Subordination, Non-Disturbance, and Attornment Agreement”. An SNDA delineates the relationship and allocation of rights among the lender, the borrower/landlord, and a tenant of the property which is securing …
When using a deed of trust to either fund the acquisition of real estate or secure a loan using your property as collateral, a valid trustee is a mandatory component of the process. The majority of states that utilize deeds of trust as opposed to mortgages have statutes governing the specific prerequisites a trustee must …