Legal

Designing Nonperforming Note Funds

By |2020-03-27T18:57:11+00:00March 27th, 2020|Business Strategy, Legal, Private Lender, Taxes|0 Comments

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 [...]

By |2020-03-27T18:57:11+00:00March 27th, 2020|Business Strategy, Legal, Private Lender, Taxes|0 Comments

Is Your Loan Enforceable in Bankruptcy Court?

By |2020-03-03T20:49:44+00:00March 3rd, 2020|Legal, Private Lender|0 Comments

With bankruptcies on the rise, it is important for lenders to know the ins and outs to ensure full repayment. As 2019 ended, the number of bankruptcy filings nationwide appear to have increased to a record high for the fifth year in a row. Granted, the number of bankruptcy filings in 2019 surpassed 2018 only [...]

By |2020-03-03T20:49:44+00:00March 3rd, 2020|Legal, Private Lender|0 Comments

Understanding Securities Exemption in Private Lending

By |2020-02-11T22:09:24+00:00February 11th, 2020|Legal, Private Lender|0 Comments

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 [...]

By |2020-02-11T22:09:24+00:00February 11th, 2020|Legal, Private Lender|0 Comments

Is a Mortgage REIT Right for You?

By |2019-07-23T18:53:19+00:00July 23rd, 2019|Legal, Private Lender|0 Comments

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 [...]

By |2019-07-23T18:53:19+00:00July 23rd, 2019|Legal, Private Lender|0 Comments

What Your Attorney Didn’t Tell You

By |2019-05-14T14:51:17+00:00May 14th, 2019|Legal, Private Lender|0 Comments

Beware of consumer laws that apply to business purpose loans. Private lenders are often surprised to hear that some consumer laws apply to business purpose loans. Worse yet, some private lenders have been told by their counsel that federal consumer laws do not apply, even though their attorneys claim to be experts in private lending. [...]

By |2019-05-14T14:51:17+00:00May 14th, 2019|Legal, Private Lender|0 Comments

Are Your Trust Deed Investments Compliant?

By |2019-04-03T16:39:56+00:00April 3rd, 2019|Legal|0 Comments

Your trust deed deal could be a potential sale of securities. New business agreements are drawn up every day for a variety of reasons. Frequently, businesses owners and attorneys craft contracts that may not appear to be a securities transaction but may actually fall under a category of regulated securities and be subject to state [...]

By |2019-04-03T16:39:56+00:00April 3rd, 2019|Legal|0 Comments

Non-Bank Lenders Are Making a Big Splash

By |2019-02-04T18:36:13+00:00February 1st, 2019|Legal, Private Lender|0 Comments

Non-bank and private lenders are beginning to dominate the mortgage landscape. The aftermath of the 2008 housing crisis shined a light on how bank lenders tried to walk a fine line funding and selling mortgages. Rather than taking the traditional route of funding loans with bank deposits, many banks used lines of credits or so-called [...]

By |2019-02-04T18:36:13+00:00February 1st, 2019|Legal, Private Lender|0 Comments

Your Guide to Real Estate Investing

By |2019-01-07T18:40:37+00:00January 7th, 2019|Legal, Private Lender|0 Comments

How to navigate the pros and cons of various real estate investment vehicles. Real estate has been a reliable builder of wealth for generations. The first thing people consider when thinking about buying and owning real estate is their home. Buying physical property is not just about home ownership, however. It has become a popular [...]

By |2019-01-07T18:40:37+00:00January 7th, 2019|Legal, Private Lender|0 Comments

Foreign Nationals’ Real Estate Purchases Slow Down

By |2018-08-24T17:23:16+00:00August 24th, 2018|Legal, Private Lender|0 Comments

Tips for lending to foreign nationals in the current environment During the economic boom of the late 1980s, foreign investors poured in and snatched up real estate across the country. During that land rush, Japan went on a buying spree. However, like all spending sprees, it eventually come to an end. By 1992, Japanese property [...]

By |2018-08-24T17:23:16+00:00August 24th, 2018|Legal, Private Lender|0 Comments

6 Ways to Improve Your Fund

By |2018-08-07T02:37:48+00:00May 15th, 2018|Legal, Private Lender|0 Comments

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 [...]

By |2018-08-07T02:37:48+00:00May 15th, 2018|Legal, Private Lender|0 Comments

Membership Questions?
Call 913-888-1250

Sign up for AAPL Membership:

AAPL has memberships specifically tailored for private real estate lenders.
Find one that works for you.

Join Now

Already a member? Sign In.

Forgot Password?

Forgot Password?

Please enter your email. The password reset link will be provided in your email.