Stephen J. Kottmeier

Hopkins & Carley

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"Legendary" Case Confirms Guarantor's Independent Liability

In a published and precedent establishing case, the California Court of Appeal recently confirmed a guarantor’s separate and independent liability to a lender even if the borrower’s own liability has been discharged or...more

4/24/2014 - Commercial Guaranty Commercial Loans Debt Guarantors Lenders Liability Waivers

Guarantor's "Sham Guaranty" Defense Harder To Prove

A recent case has reaffirmed lenders’ ability to require personal guarantees from principals of borrowing entities. In California Bank & Trust v. Lawlor, a California appellate court considered the enforceability of...more

1/23/2014 - Affirmative Action Borrowers Fraud Guaranty Claims Lenders Personal Liability

Judicial Reference Provision in Loan Guaranty Held Enforceable

Many of the loan documents we draft or seek to enforce contain an alternative dispute resolution provision requiring that borrower or guarantor disputes be tried by a judicial referee appointed by the Superior Court. This...more

10/22/2013 - Guaranty Claims Judicial Reference Loans

Addressing Sale Proceeds In The Face Of Guaranty "Carve-Out" Provisions

Commercial loans to closely held business entities, such as an LLC or partnership, typically include guaranties by the entity’s principal. Sometimes, the guarantor demands a “carve-out” to expressly exempt one or more of the...more

9/19/2013 - Business Assets Carve Out Provisions Closely Held Businesses Commercial Loans Exemptions Lenders LLC Partnerships

Even If Done With Good Intentions, Damaging Property Can Lead to Post-Foreclosure Liability For Borrowers

A recent appellate court decision has expanded the potential recovery a lender may pursue against a defaulting borrower. In Fait v. New Faze Development Inc., the Third District Court of Appeal significantly expanded an...more

6/25/2013 - Bad Faith Borrowers Foreclosure Lenders Liability Property Damage

Lost Lien Priority Restored

A recent case provides a reminder about the importance of title insurance in making loans secured by real property. In JP Morgan Chase Bank, N.A. v. Banc of America Practice Solutions, Inc. (2012) 209 Cal.App.4th 855, JP...more

12/11/2012 - Bank of America JPMorgan Chase Liens Title Insurance Trust Deeds

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