Compliance

Understanding the New SEC Private Fund Rules

By |2024-01-30T10:09:24-06:00February 21st, 2024|Compliance|0 Comments

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 [...]

By |2024-01-30T10:09:24-06:00February 21st, 2024|Compliance|0 Comments

New Florida Law Raises Concerns for Florida Private Lenders

By |2024-01-24T09:14:17-06:00January 23rd, 2024|Compliance|0 Comments

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 [...]

By |2024-01-24T09:14:17-06:00January 23rd, 2024|Compliance|0 Comments

What NY’s Foreclosure Abuse Prevention Act Means for the Mortgage Industry

By |2023-02-06T09:56:39-06:00February 7th, 2023|Compliance|0 Comments

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, [...]

By |2023-02-06T09:56:39-06:00February 7th, 2023|Compliance|0 Comments

Does your Debt Fund Qualify as an “Investment Company”?

By |2022-12-15T09:09:41-06:00December 21st, 2022|Compliance|0 Comments

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 [...]

By |2022-12-15T09:09:41-06:00December 21st, 2022|Compliance|0 Comments

Hot Tax and Accounting Trends in Debt Fund Structures

By |2022-12-06T15:59:03-06:00December 7th, 2022|Compliance|0 Comments

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 [...]

By |2022-12-06T15:59:03-06:00December 7th, 2022|Compliance|0 Comments

Mortgage Lender Licensing—What You Need to Know

By |2022-06-08T12:22:02-05:00April 24th, 2022|Compliance|0 Comments

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 [...]

By |2022-06-08T12:22:02-05:00April 24th, 2022|Compliance|0 Comments

Understanding the Complexities of New York’s CEMA Loans

By |2022-02-04T20:04:20-06:00January 5th, 2022|Compliance, Featured|1 Comment

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 [...]

By |2022-02-04T20:04:20-06:00January 5th, 2022|Compliance, Featured|1 Comment

Borrowers in Bankruptcy Part 4

By |2021-11-23T21:12:57-06:00November 23rd, 2021|Compliance, Featured|0 Comments

Get the most out of the bankruptcy: Understand the risk management strategies you can take prior to granting a loan. Disclaimer: This article is for informational purposes only and is not meant to be legal advice. Consult your local bankruptcy attorney for your particular situations. As part of a series of articles discussing strategies for [...]

By |2021-11-23T21:12:57-06:00November 23rd, 2021|Compliance, Featured|0 Comments

Non-Real Estate Assets as Security

By |2021-10-12T21:01:44-05:00October 12th, 2021|Compliance, Featured|0 Comments

Personal property assets can be used as collateral when the value of the borrower’s property does not meet a lender’s requirements. Nearly every mortgage broker and lender has dealt with a loan in which the value of the real property offered as collateral is insufficient to meet the underwriting requirements. As an alternative to changing [...]

By |2021-10-12T21:01:44-05:00October 12th, 2021|Compliance, Featured|0 Comments

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