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…
Alterations Don’t Always Render a Deed Void (or How NOT to do Foreclosure Investing)
Most real estate investors assume that when a deed is altered by someone other than the grantor, without the grantor’s knowledge or consent, before it is recorded,…
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…