Article Published in California Real Property Journal
I’m excited to share that I’ve co-authored an article (with my partner Chuck Hansen) that was published in the most recent edition of the California Real Property…
Is a “Receiver’s Sale” a Foreclosure Sale?
Earlier this year, the Nevada Supreme Court held in U.S. Bank Nat’l Assn. v. Palmilla Dev. Co. that under Nevada law, a “receiver’s sale” of real property…
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…
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…
Security for One, Security for All: Lenders Can Waive Deficiency by Making Security “Side Deals” Without Unanimous Borrower Consent
I didn’t plan on starting this blog with a post about a published appeal decision in one of my own cases. But the timing worked out…