Regulatory missteps start with false assumptions about licensing, usury, and how securities laws apply. Nichole Moore and Jennifer Young Fortra Law In private lending, legal missteps often stem not from negligence but from well-intentioned assumptions. The complexity of the regulatory landscape, especially where securities and lending compliance intersects with capital raising, can lead you to [...]
Republished with permission from Doss Law. Original article published 7/1/2025 on dosslaw.com, "Junior Mortgages Doomed After AB 130?" On July 1, 2025 California AB 130 became operative law in California. Intended to remedy “zombie loans¹,” it goes further. Formally, it creates California Civil Code Section 2924.13. It targets “subordinate mortgages,” but does not define that term. If property [...]
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 [...]
What are the rules—and who do they apply to? NOTE: The dust is still settling with respect to the regulation changes covered here and their impact on funds in the real estate lending space, specifically as it relates to funds that rely on the 506c and 506b exemptions. There are various schools of thought on [...]
Law restricts certain foreign persons from acquiring real property in Florida. A new Florida law is raising concerns for private lenders. Although its greatest impact is on transactions that finance Florida real property purchased by certain foreign persons associated with the People’s Republic of China, it also affects transactions that finance the property purchases of [...]
How can private lenders mitigate their risk? The mortgage industry, like many others, has experienced a rather tumultuous couple of years. The recent passage of New York’s Foreclosure Abuse Prevention Act (FAPA) has brought about another layer of complexity to private lenders focused on investor loans. Although FAPA presently pertains only to New York state, [...]
Assessing whether your fund is an investment company is just the beginning of the journey to ensure complete and accurate financial reporting for your fund. A key, but often overlooked component of running a direct lending fund is fully understanding what your investors and relevant regulatory bodies expect and require in terms of financial [...]
Staying on top of REIT and CECL trends is a good “defensive” move. Earlier this year, we said goodbye to Bill Russell, the biggest winner in the history of basketball. Russell was never the flashiest player, but by relying on strong fundamentals and a disciplined defense, he consistently won two high school state championships, two [...]
This is your 2022 update on state-by-state requirements to transact a business purpose, private loan. What is probably most surprising about needing a mortgage license to transact business purpose loans is private lender perception. Private lenders who make loans in states that require a license generally assume all states require a license. Similarly, private lenders [...]
CEMA transactions can reduce refinancing costs in New York, but private lenders must be diligent about following the process. Long-term rentals have exploded in the private lending space during the last several years. Private lenders entering the New York market who want to be competitive must understand and be able to handle CEMA, a unique [...]
Membership Questions?
Call 913-888-1250
VIP RECEPTION // Enjoy cocktails and hors d’oeuvres while catching up with VIPs from across the country, all overlooking the gorgeous Las Vegas Strip. AAPL Members may RSVP during conference registration at no additional cost; for non-members it is $199/ticket.
NETWORKING BREAKFASTS & SESSION BREAKS // Early-risers will appreciate plentiful coffee and a selection of pastries, protein, and more – along with the opportunity to talk shop in a quieter atmosphere. Session breaks feature an energetic environment with a variety of snacking options.
AFTER-HOURS RECEPTION // Continue conversations with fellow attendees, sponsors, and speakers in the Exhibit Hall while enjoying complimentary hors d’oeuvres and two drink tokens.
OFFICIAL AFTER-PARTY // For those who hate to say goodnight, each year a few sponsors plan a little something extra to wrap up your day … or help segue from all-business to all-fun. We’ll mark the party as official and provide information about how to attend.
ANNUAL CONFERENCE APP // The app is your insiders’ guide to getting the most out of #AAPLANNUAL and includes your personalized schedule, conference navigation system, and more!
Nominations are open until August 30, 2025, with voting from September 9-30, 2025. We’ll announce recipients at our Annual Conference.
Member of the Year (MOTY): This award goes to a member based on their deep expertise, unique value, and strong commitment to clients and the industry.
Rising Star: Rising Stars are members who have accomplished outstanding growth in their company or industry sector over the past year.
Community Impact: Recipients improve their local communities or our industry through volunteering, development programs, or civic efforts.
See past award winners, award rules, and participate in the 2025 nomination and voting process here.
Grand Prize – Custom Championship Belt & VIP Admission to Power Room event in St. Augustine, FL (February 27th – March 1st, 2023)
2nd Place – 2023 AAPL Annual Conference Bundle to include Individual Membership, 1 Conference Ticket and 1 VIP Reception pass.
3rd Place – 1 year AAPL Individual Membership