Legal

Title Policy Endorsements 101

By |2020-11-10T14:28:21-06:00November 6th, 2020|Legal|0 Comments

Lenders should understand the common title policy endorsements to the industry-standard 2006 ALTA Loan Policy. Title insurance protects mortgage lenders when defects in a title to a property result in financial loss to the lender. The 2006 ALTA Loan Policy (2006 ALTA) is considered the standard title insurance policy available for mortgage lenders. The title [...]

By |2020-11-10T14:28:21-06:00November 6th, 2020|Legal|0 Comments

Understanding SBA Coronavirus Disaster Relief Programs

By |2021-06-08T13:37:04-05:00September 29th, 2020|Legal|0 Comments

Be aware of the modifications and their implications. The federal coronavirus stimulus bill—the Paycheck Protection Program (PPP)—provided two rounds of funds totaling $660 billion for small businesses. The relief was designed to support job retention and other specified expenses. The PPP program was an addition to existing federal loan programs, including SBA’s traditional 7(a) loan [...]

By |2021-06-08T13:37:04-05:00September 29th, 2020|Legal|0 Comments

Where Should You Incorporate Your Business?

By |2020-09-10T17:45:07-05:00September 10th, 2020|Legal|0 Comments

There may be reasons (or not!) to start your business in a state where it isn’t located. Business owners often follow the lead of large companies when they form a business entity. Often, these larger companies have the resources to hire the best attorneys to decide where to incorporate, and these attorneys typically advise them [...]

By |2020-09-10T17:45:07-05:00September 10th, 2020|Legal|0 Comments

The Future of the CFPB is at Stake

By |2020-05-27T16:43:53-05:00May 27th, 2020|Legal|0 Comments

The Supreme Court’s decision has the potential to heavily impact current lending practices. On March 3, 2020, the U.S. Supreme Court heard oral arguments in Seila Law LLC v. Consumer Financial Protection Bureau. The issue in this case is whether the structure of the Consumer Financial Protection Bureau (CFPB) violates Article II, Section 3 of [...]

By |2020-05-27T16:43:53-05:00May 27th, 2020|Legal|0 Comments

Designing Nonperforming Note Funds

By |2020-03-27T18:57:11-05:00March 27th, 2020|Accounting, Legal, Strategy|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 |2020-03-27T18:57:11-05:00March 27th, 2020|Accounting, Legal, Strategy|0 Comments

Is Your Loan Enforceable in Bankruptcy Court?

By |2020-03-03T20:49:44-06:00March 3rd, 2020|Legal|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 |2020-03-03T20:49:44-06:00March 3rd, 2020|Legal|0 Comments

Understanding Securities Exemption in Private Lending

By |2020-02-11T22:09:24-06:00February 11th, 2020|Legal|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 |2020-02-11T22:09:24-06:00February 11th, 2020|Legal|0 Comments

Is a Mortgage REIT Right for You?

By |2019-07-23T18:53:19-05:00July 23rd, 2019|Legal|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 |2019-07-23T18:53:19-05:00July 23rd, 2019|Legal|0 Comments

What Your Attorney Didn’t Tell You

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

Are Your Trust Deed Investments Compliant?

By |2019-04-03T16:39:56-05:00April 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 |2019-04-03T16:39:56-05:00April 3rd, 2019|Legal|0 Comments

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