As scrutiny intensifies, private lending funds must verify investors diligently, document everything, and stay firmly aligned with their offering documents. As the regulatory landscape for private lending funds grows more complex, 2026 will demand a higher level of operational discipline than in previous years. Regulators continue to increase scrutiny of filings, investor verification practices, and [...]
Private lenders relying on AI-generated legal documents may discover too late that automation does not replace regulatory oversight or experienced counsel. If you pride yourself on moving faster than traditional banks, structuring creative deals, and capitalizing on opportunities before competitors can react. In that environment, AI tools can look like a perfect tool to trim [...]
AI creates real efficiency only when it’s designed around transparency, human handoffs, and accountability. Lett me start with the simple part: This is not legal advice. I’m not your counsel, and I’m not here to teach TCPA case law or parse every new FCC memo. What follows is strategic guidance from someone who builds [...]
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 [...]
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