The fund structure, accounting methods and other strategies must be considered in addition to securities compliance. A nonperforming loan (NPL) is a type of note that is in default, distressed, delinquent or otherwise dilapidated. NPLs are interchangeably used with nonperforming notes, distressed debts or distressed loans. Generally, an NPL holder no longer anticipates repayment from [...]
What you need to know about the legal implications of direct investments vs. indirect investments There are two common categories of private lending investments an investor can make: Direct investments Indirect investments, which are made by investing in a Fund Let’s look at the securities exemptions related to these types of investments as well as [...]
Investors must consider regulations, liquidity, taxes and other factors that impact the rate of return. Options for investors clamoring for yields often include investing in individual assets. Those assets might be dividend-paying stocks, bonds, alternative assets such as mortgages and so on. But there’s another option: investing in pooled funds such as income mutual funds, [...]
Fund managers may not be aware of their new role during an IRS audit of companies with partnered members. The new centralized partnership audit regime (CPAR) introduced by the Bipartisan Budget Act (BBA) started with the 2018 tax year. Under the old rules, there was no mechanism for the IRS to collect tax at the [...]
A mortgage REIT is a real estate investment trust with a portfolio comprised of primarily real-estate secured loans. REITs, REMICs (real estate mortgage investment conduit) and similar vehicles were a mainstay in private lending during the last cycle prior to Dodd Frank. Recently REITs have returned. But why? Thanks to the Tax Cuts and Jobs [...]
Funds can help you diversify your risk and save you time. When you decide to invest, it’s important to conduct an appropriate amount of due diligence. That due diligence takes time. But how much time do you have, and how much do you know about the business you want to invest in? A direct investment [...]
Adopting these approaches will help reduce your liabilities and foster success. Managing a private lending fund is not easy. You need the help of accountants, compliance experts and, of course, reliable salespeople to ensure that your fund operates efficiently and continues to grow. So, what are the key factors to operating a successful fund? First [...]
• Make loans on a peer-to-peer basis, one investor at a time. • Fund based on a fractional participation plan, with several investors. • Finance the transaction using a mortgage pool. The first option requires a lender to issue a trust deed that secures the investor’s interest in the loan. If the lender chooses and [...]
The problem with raising money usually comes in three forms: Advertising issues Accredited investor issues Cost issues Under Regulation A, you can solve #1 and #2 by qualifying an offering with the Securities Exchange Commission (SEC). However, it can be costly, time consuming, and still leave problem #3. Regulation A also doesn’t make sense if [...]
The fix-and-flip industry reached a new high in 2016, with 6 percent of all homes sold, officially designated as fix-and-flips. All of these projects create billions of dollars in capital demands each year. Demands that are especially well-suited to and met by the private lending industry. For lenders, having the available capital to fund as [...]
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