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…
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…