The “Sham Guaranty” Defense is Not Easy to Establish
Under California anti-deficiency law, borrowers enjoy robust protections. Guarantors — not so much. The statutory protections afforded to borrowers cannot be waived, while for guarantors, they…
Guarantor Waivers Can Only Go So Far
As I mentioned in a prior post, guarantors are usually in a tough position defending litigation by the lender because most guarantor defenses are lawfully waived…
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…