=A field note from syndication attorney Tilden Moschetti on why a profitable real estate development deal can stall when Regulation D private placement equity terms conflict with senior commercial debt. If an operating agreement promises mandatory distributions or secondary investor liens, it may raise subordination issues during bank review. Tilden explains the distinction between financial feasibility and legal feasibility, illustrating how the legal architecture of the equity layer can determine whether a development financing moves forward.
Disclaimer: This podcast is for educational purposes only and is not legal advice. The discussion of real estate development financing and Regulation D offerings is general in nature. Every capital raise depends on specific facts. Consult a qualified attorney before structuring your capital stack.
Also see: Real Estate Development Financing with Regulation D Equity at https://www.moschettilaw.com/development-financing-reg-d-equity