Sham Guaranties Are Hard To Come By
In prior posts here and here, I highlighted the difficult position occupied by guarantors of real estate secured loans. In short, while California law extends very strong anti-deficiency…
Loan Prepayment Fees: Normally Enforceable, But ….
Lenders sometimes impose fees triggered by the borrower’s payoff of the loan before the maturity date. Normally, the “prepayment fee” issue is a subject for negotiation at the outset of…
Guarantor Waivers Can Only Go So Far
As I mentioned in a prior post, guarantors are usually in a tough position defending litigation by the lender because most guarantor defenses are lawfully waived…
Seven Critical Mistakes Real Estate LLCs Make (and How to Avoid Them) — Mistake #5: Misunderstanding Secured Loan and Guaranty Rights/Liability
Real estate secured loans inspire all sorts of litigation. I see it from both sides of the coin, since I represent developers and investors (who are…