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Author: midijpue-ca

Legal Pitfalls to Avoid in 2025 — And How Participations Can Be Your Backstop

Written by midijpue-ca on . Posted in Blog.


If you’re a factor or asset-based lender, 2025 is shaping up to be a legal minefield.
Tighter enforcement and borrower disputes are already impacting how specialty lenders operate, especially those growing quickly or entering new industries.

At Thirdmark Capital, we talk to lenders who nearly closed deals they would’ve regretted. Here are three emerging legal risks — and how smart participation can help you stay protected while continuing to fund with confidence.

1. Concentration Risk Meets UCC Risk

Lenders pushing limits with key borrowers often overlook lien perfection and subordination exposure. In sectors like staffing, construction, and medical, borrower defaults are up, and contested liens are growing.

2. Cross-Collateral Confusion in Multi-Entity Borrowers

More borrowers are creating “friendly” subsidiaries or shifting assets mid-term. If your documentation isn’t airtight — especially in factoring — you could end up chasing receivables you don’t control.

3. Regulatory Changes & State-Level Scrutiny

States like California and New York are increasing disclosure requirements, especially around non-bank lending. Even seasoned lenders are finding their internal legal teams stretched thin.

Participation Solution

States like California and New York are increasing disclosure requirements, especially around non-bank lending. Even seasoned lenders are finding their internal legal teams stretched thin.

Why Legal-Smart Capital Matters Now More Than Ever

We don’t just bring capital, we bring clarity. At Thirdmark, our participations are structured with the same legal rigor you expect from an in-house team. We move fast, stay silent, and respect your credit and legal processes.

Get In Touch

We’ll help you stay ahead of the legal curve and keep funding confidently. Get in touch with our team to discuss how participations can reduce your legal exposure, without slowing down your deals.

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Key Takeaways from the 2025 IFA Conference

Written by midijpue-ca on . Posted in Blog.


The 31st Annual IFA Conference brought together leaders in factoring and specialty finance for valuable insights, powerful networking, and meaningful conversations in Palm Desert, California.

From informative sessions to dynamic panels and packed exhibitor booths, this year’s conference delivered timely market intelligence and practical strategies. Here are our three big key takeaways:

  • Economic & Regulatory Clarity

    Global economic and political shifts are reshaping financial markets at a rapid pace. Industry experts provided timely updates on economic trends, U.S. spending and tax policy, as well as upcoming legislative changes that could impact business operations. The sessions gave attendees clear, actionable insights into how to navigate evolving conditions and plan strategically.

  • Operational Issues: Risk, Legalities & Staffing

    A focused roundtable on credit risk highlighted evolving approaches to underwriting and evaluating client creditworthiness in factoring. Attendees shared best practices for industry-specific risk management and operational resilience. Additionally, a legal session led by top professionals in ABL addressed the emerging legal trends and compliance considerations impacting modern financial services.

  • Technology Advancements & AI

    Conversations around artificial intelligence provided a forward-looking perspective on how technology can unlock innovation, drive opportunity, and elevate human potential. Attendees left with a better understanding of how AI and automation will shape the future of their businesses, teams, and the industry at large.

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2024 Year in Review

Written by midijpue-ca on . Posted in Blog.


2024 was a successful year for Thirdmark Captial. Through participation solutions, we delivered fast, reliable funding and customized lending support to our partners.

  • Attended Conferences

    6

  • Growth in Partners

    40%

  • Increase in Committed Funds

    70%

  • Increase in Net Funds Employed

    78%

  • Increase in the Number of Funded Deals

    90%

Thirdmark Capital will continue providing solutions in 2025. From concentration concerns to lending limits, our mission is to develop strong partnerships with factors and lenders, large and small.

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Understanding Participations

Written by midijpue-ca on . Posted in Blog.


In the complex world of lending, participations offer a strategic way to address various financial challenges. But what exactly is a participation, and how can it benefit lenders?

At Thirdmark Capital, we leverage our factoring experience to facilitate participations efficiently. Our expertise helps address key challenges such as lending limits, concentration concerns, liquidity issues, and credit risks. We work with a range of lenders to fill capital needs for our partners to achieve successful business growth.

What is a Participation?

A participation is a financial arrangement where one lender (the lead lender) invites other lenders (participants) to share in a loan or financing arrangement. This collaborative approach helps distribute risk and provides access to larger amounts of capital than any single lender might offer.

Benefits of Participations

Participations from Thirdmark offer several benefits to lenders:

  • Mitigate Risk: Distribute financial risk across multiple lenders to reduce exposure.
  • Offer Sustainable Capital: Provide ongoing support to help lenders maintain liquidity and meet client needs.
  • Fill Gaps Beyond Lending Limits: Allow lenders to offer larger financing solutions without exceeding their own limits.

Our Approach

Our approach is centered on collaboration and customization:

  • Collaborative Partnerships: We work closely with lenders to understand their unique needs and challenges.
  • Customized Solutions: Tailoring participation structures to meet specific financial requirements.
  • Fast Execution: Ensuring quick and efficient processing of participation requests.

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Meet the Thirdmark Team

Written by midijpue-ca on . Posted in Blog.


Get to know Jacob, Skip, and Stratton.

Our team has a combined 70+ years of factoring and lending experience, but we are also easy to work with. Learn more about us:

  • Jacob Ladner, CEO

    Bringing over a decade of experience in the factoring industry, Jacob defines and provides participation solutions that factors and lenders need to succeed.

    Jacob currently serves as City Council President in Decatur, AL. He enjoys physical challenges and completed an Ironman 70.3 in 2018.

  • Skip Thompson, Partner

    Serving previously as CEO of Corporate Billing, a prominent factoring company, Skip now applies his expertise at Thirdmark Capital to optimize our client-focused processes.

    Skip serves the community as a board member for various organizations. When not at the office, he can usually be found on the golf course.

  • Stratton Orr, Partner

    Following an early career in investment banking and lending, Stratton brings a unique perspective to the Thirdmark team. Keeping the client experience at the forefront of their efforts, Stratton relies on his experience to build client trust.

    Stratton is our in-house marketing guru. He came up with the name Thirdmark Capital.

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Our IFA Involvement

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Thirdmark Capital is a proud member of the International Factoring Association (IFA), where we network with a diverse range of factoring firms and finance organizations. Throughout our relationship, we have the opportunity to attend conferences around the world to stay up-to-date on the latest trends and grow partnerships with key players in the industry.

Historically, Thirdmark has attended annual conferences in locations including Miami, FL, sponsored a President’s and Senior Executive’s meeting in St. Thomas and hosted Webinars on factoring participation and funding.

Later this year, Jacob Ladner, CEO, will host another webinar to discuss how factors and specialty finance lenders can maximize their lending opportunities with participations.

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Case Study: Our $5 Million Participation Deal

Written by midijpue-ca on . Posted in Blog.


We are thrilled to announce that Thirdmark Capital has successfully executed a $5 million participation deal with a large private credit lender! This lender wanted to continue their long-standing relationship with their factoring client even after reaching their internal lending limits.

With an impressive history of success in the industry, the factoring company required additional funding to support its growth and expansion plans. Recognizing the importance of sustaining this valuable partnership, the lender turned to Thirdmark Capital for a customized participation solution.

“I am beyond excited about this transaction and warmly welcome our new partner into our family of clients,” said Jacob Ladner, CEO of Thirdmark Capital. “Our team is dedicated to providing innovative participation solutions that drive growth and foster long-term partnerships.”

This $5 million participation deal is a testament to our commitment to empowering businesses and strengthening partnerships within the financial landscape. At Thirdmark Capital, we believe in supporting businesses with the resources they need to thrive in today’s competitive market.

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