What to Watch: A Geraci Webinar Guide

From avoiding fraud to deep dives into the latest market data, our team has covered a wide range of topics every private lender should know. With over three years of comprehensive webinars featuring expert legal insights, industry trends, and regulatory updates, you can stay informed on everything from compliance strategies to loan structuring. Whether you're a seasoned professional or new to private lending, here’s a curated list of the latest Geraci webinars you can’t miss, offering key takeaways to enhance your lending strategies and protect your business interests.

Business Purpose Loans to Individual Borrowers: What Lenders Need to Know

When structuring business purpose loans, it’s crucial to distinguish them from consumer loans to avoid regulatory issues. Geraci Partner & CEO Anthony Geraci , Esq. and Partner & Department Head Melissa Martorella , Esq. discussed:

Key Considerations for Business Purpose Loans:

• Loan Purpose Over Occupancy: The primary focus is on the purpose of the loan funds rather than whether the property is owner-occupied or non-owner occupied.

Bankruptcy Implications for Lenders:

• Loan Security in Bankruptcy: In the case of a borrower declaring Chapter 11, the position of the lender (first or second) and whether the loan is secured are crucial factors.

Common Pitfalls and Court Challenges:

• Handwritten Business Purpose Statements: These can be challenged in court if there are inconsistencies between what the borrower stated and how the funds were used. Lenders must ensure all loan documents align.

The webinar included an in-depth Q&A session with viewers, providing essential guidance for navigating the legal landscape of business purpose loans. Check out the full webinar here: Business Purpose Loans to Individual Borrowers: What Lenders Need to Know

Fraud has Found Private Lending. Now What?

Did you know that one in every 20 real estate transactions is now linked to fraud or attempted fraud? Geraci Partner Steven Ernest , Esq. was joined by Sekady President Thayne Boren to cover what private lenders can do to protect their business from bad actors in the current market. Two key points discussed in the webinar were:

Regulatory Frameworks: Private lenders should familiarize themselves with:

• OFAC: Office of Foreign Assets Control
• KYC: Know Your Customer

Payment Processing Security:

• Wires and checks are major contributors to fraud, with 65% of financial organizations reporting check fraud.
• AI technology has made it easier to replicate checks and signatures.

Steven and Thayne shared in-depth insights on best practices for mitigating fraud, and provided resources for viewers interested in learning more. You can find the full webinar here: Fraud has Found Private Lending. Now What?

Securities Laws and Compliance Considerations for your Reg D Debt Fund

If you have questions about fractional loans, ERISA IRAs, or fund structuring - this webinar hosted by Geraci Partner Jennifer Young , Esq. can be utilized as a detailed guide to help you navigate these areas and avoid compliance pitfalls. Jennifer discussed:

Fractional Loans and Securities Issues:

• When selling and purchasing partial loans, whether they are considered fractional loans can depend on various factors.

Reliance Factors:

• Buyers’ reliance on the seller's expertise can trigger securities regulations.

Form D Compliance:

• Many fund managers overlook filing Form D, which is crucial for compliance.

You can watch the full webinar here: Securities Laws and Compliance Considerations for Your Reg D Debt Fund

Live TODAY: White Labeling, Correspondent Lending, and Table Funding

Don't miss Geraci Partner Melissa Martorella , Esq. and Lightning Docs CEO Nema Daghbandan , Esq. for a webinar that demystifies the jargon of “white labeling,” “correspondent lending,” and “table funding.” Learn the similarities and differences between these approaches, along with their legal frameworks, licensing requirements, and practical considerations. The webinar starts today at 11:30 AM PST, follow the link to sign up for free now: White Labeling, Correspondent Lending, and Table Funding

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