Legal

Exorcising Hobgoblins: Removing Antiquated Clauses from Loan Documents

By |2024-10-28T16:30:05-05:00August 7th, 2024|Compliance, Legal|0 Comments

Many of these clauses, cobbled together over decades or more, contain antiquated clauses that no longer serve their intended purpose. So that you don’t have to Google it, a hobgoblin is a mischievous imp (or sprite); a small, ugly creature that causes trouble. Something that causes fear (like a boogeyman). Embarrassingly, legal documents are replete [...]

By |2024-10-28T16:30:05-05:00August 7th, 2024|Compliance, Legal|0 Comments

Borrowers in Bankruptcy Part 3

By |2021-09-28T13:30:36-05:00September 28th, 2021|Featured, Legal|0 Comments

Get the most out of the bankruptcy: Know your rights and what you can and can’t do. As part of a series of articles discussing strategies for private lenders to work with bankrupt borrowers, this piece examines options for getting the most out of your claim during bankruptcy proceedings. When a borrower files for bankruptcy, [...]

By |2021-09-28T13:30:36-05:00September 28th, 2021|Featured, Legal|0 Comments

Judicial vs. Non-Judicial Foreclosure

By |2021-06-08T19:18:33-05:00June 8th, 2021|Featured, Legal|1 Comment

Consider these tips to analyze which method is best to protect your investment. As lenders set their sights on growth, one of the most tried-and-true ways to grab more business is to expand into new markets. The concept seems simple enough. Do some more loans in new markets, which you otherwise would not have had [...]

By |2021-06-08T19:18:33-05:00June 8th, 2021|Featured, Legal|1 Comment

Borrowers in Bankruptcy

By |2021-06-08T19:13:02-05:00June 8th, 2021|Featured, Legal|0 Comments

Here’s what you need to know about the automatic stay—and strategies for getting past it. As part of a series of articles discussing strategies for private lenders to deal with bankrupt borrowers, this piece takes a deeper look into when the automatic stay applies and strategies for getting around it. We examine grounds for dismissing [...]

By |2021-06-08T19:13:02-05:00June 8th, 2021|Featured, Legal|0 Comments

IRS Extends Opportunity Zone Fund Benefit

By |2021-06-08T14:32:37-05:00May 24th, 2021|Featured, Legal|0 Comments

Ongoing pandemic spurs IRS decision to renew relief measures. In the recent IRS Notice 2021-10, the regulatory agency extended relief to Opportunity Zone Funds due to ongoing concerns stemming from the coronavirus. The announcement essentially renews the prior relief measures implemented via IRS Notice 2020-39, which expired at the end of 2020. The following is [...]

By |2021-06-08T14:32:37-05:00May 24th, 2021|Featured, Legal|0 Comments

NEW LAW IMPACTS NON-JUDICIAL FORECLOSURES

By |2021-06-08T14:32:42-05:00May 3rd, 2021|Featured, Legal|0 Comments

California enacts major changes to the non-judicial foreclosure process. In the final few months of 2020, much to the dismay and over the opposition of several industry groups, the California legislature approved, and the governor signed into law, SB 1079 which fundamentally changed the way in which non-judicial foreclosures conclude and certain sales are conducted. [...]

By |2021-06-08T14:32:42-05:00May 3rd, 2021|Featured, Legal|0 Comments

Federal Eviction Moratorium Extended

By |2021-06-08T14:33:05-05:00April 27th, 2021|Featured, Legal|0 Comments

Here’s a look at what private lenders need to know about the executive order. As part of a concerted effort to mitigate the spread of the COVID-19 pandemic, newly-elected President Joe Biden implemented a flurry of 17 executive orders within a matter of hours after his inauguration. One of them is specifically intended to offer [...]

By |2021-06-08T14:33:05-05:00April 27th, 2021|Featured, Legal|0 Comments

How to Evaluate a Private Money Construction Loan

By |2021-06-08T14:34:19-05:00March 29th, 2021|Featured, Legal|0 Comments

If you look out for the best interest of your investor and do your due diligence, these loans can provide a great return. As the COVID-19 crisis has ravaged many parts of the real estate market, one of the standout sectors has been homebuilding. Interest rates are at record lows. Many families are migrating to [...]

By |2021-06-08T14:34:19-05:00March 29th, 2021|Featured, Legal|0 Comments

Recovering Your Investment from Bankrupt Borrowers

By |2021-03-15T15:52:42-05:00March 15th, 2021|Featured, Legal, News|0 Comments

Borrowers filing for bankruptcy is normal, but you must have a good plan and a good bankruptcy attorney to help you get the highest recovery in the shortest amount of time. This is the first in a four-part series about practical steps to take when a borrower declares bankruptcy. This first article provides an overview [...]

By |2021-03-15T15:52:42-05:00March 15th, 2021|Featured, Legal, News|0 Comments

The CFPB Answers to the President Now

By |2021-02-15T18:35:53-06:00February 15th, 2021|Advocacy, Featured, Legal|0 Comments

What does this mean under a Biden presidency? This is a follow-up to “The Future of the CFPB Is at Stake,” published in the Q2 2020 issue of Private Lender. On June 29, 2020, the Supreme Court of the United States handed down its highly anticipated decision in Seila Law vs. Consumer Financial Protection Bureau. [...]

By |2021-02-15T18:35:53-06:00February 15th, 2021|Advocacy, Featured, Legal|0 Comments
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