Obligations reduced to a promissory note are often accompanied by a written guaranty. The law treats the guaranty as an independent obligation. A case recently decided…
In reviewing notable guaranty cases from 2017 while preparing this year’s updates and edits for CEB’s top-notch treatise, California Mortgages, Deeds of Trust, and Foreclosure Litigation,…
We’ll end 2015 with a quick look back at some of the important developments in California real estate and secured lending law covered in this blog,…
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…
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…