Republished with permission from Doss Law. Original article published 7/1/2025 on dosslaw.com On July 1, 2025 California AB 130 became operative law in California. It is intended to remedy “zombie loans,” which are typically dormant loans, usually junior liens, that a homeowner thought was resolved or paid off but are revived by a debt collector [...]
Lenders face heightened compliance risk as states vary widely. In today’s shifting legal environment, lenders must stay alert to state-specific prepayment penalties (PPP) that may affect their underwriting decisions, especially in loans to LLCs or for business purposes. Some states, like New Jersey, present challenges due to its statutory ambiguity regarding LLCs. Others, including California, [...]
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 [...]
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