Legal UpdatesSponsored by Fortra Law
The Complexities and Nuances of Commercial Lending
By Jennifer Young, Esq., Partner at Fortra LawDecember 3, 20255 min read
Private lending continues to be very profitable in the world of real estate investing, but with the continued growth of real estate investing comes the need for more and better funding.
To keep up with this growing trend, private lending companies that make business-purpose mortgage loans are now obtaining multiple state licenses to lend in several states throughout the US, not just limiting their activities to one or two states anymore. While it may seem easy to apply for a specific lending license and pay the associated fee, think again.
Mortgage lender licensing laws and requirements are complex and highly varied among the states. As a result, private lenders are increasingly overwhelmed and confused by the research and preparation needed to become properly licensed in each of the states. The process is confusing, tedious, and time-consuming.
At least eighteen states have some form of restriction on business-purpose mortgage lending.
About the author
Partner at Fortra Law
Jennifer Young is a Partner and Attorney on the Corporate & Securities team at Fortra Law, specializing in real estate-focused private placements and alternative investments for private lenders, developers, and entrepreneurs. She also leads the firm's licensing practice and is a founding member of the Women in Private Lending, supporting mentorship, education, and professional development to advance women in private lending and real estate finance.