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…
Junior Lienholders: Know When To Admit Defeat
As any real estate lender or investor can testify, holding a junior lien on real estate security can be perilous. Sure, the yields are higher (and…
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…
Perils of the Full Credit Bid
At a nonjudicial foreclosure sale (also known as a trustee’s sale) a lender is entitled to make a “credit bid” — i.e., bidding all or portions…