News & Analysis as of

Guarantors Guaranty Claims

Patton Sullivan Brodehl LLP

Guarantor Liability: Assignment of Note Doesn’t Automatically Assign Guaranty Too

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 by California’s First District Court of Appeal —...more

Rivkin Radler LLP

Courts Leave Landlords in the Lurch on Guaranty Law

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Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later,...more

Morgan Lewis - Tech & Sourcing

Contract Corner: The Purview Doctrine – Does a Guaranty Need to Be Reaffirmed When Amending a Guaranteed Contract?

You signed a deal with the US subsidiary of an India-based service provider, and the Indian parent issued a guaranty. Several years later, you are now amending the original master services agreement (MSA) to add to the scope...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending May 3, 2019

Carlton Fields on

Real Property Update - Restrictive Covenants: trial court erred by failing to provide injunctive relief in favor of homeowner as it related to trees planted in common area in violation of restrictive covenants - McIntosh...more

Shutts & Bowen LLP

The continuing lease guaranty that didn’t continue after all

Shutts & Bowen LLP on

A common theme of the cases and issues discussed in this blog is that document drafting is at the root of many commercial real estate disputes....more

Stinson LLP

The Enforceability of Waiver of Defense Provisions in Guaranty Agreements

Stinson LLP on

It has been said that a guarantor is a fool with a pen. Even the Bible warns, "whoever puts up security for a stranger will surely suffer, but whoever refuses to shake hands in pledge is safe." Proverbs 11:15, NIV. That...more

JD Supra Perspectives

Startup Real Estate Tip: The 'Good Guy' Guaranty - Slow Down a Second

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If you are contemplating agreeing to execute a good guy guaranty, you must both be in control and be totally immune from being fired. Otherwise...more

Ballard Spahr LLP

Guarantors Are Not Protected by the Equal Credit Opportunity Act, Eighth Circuit Holds

Ballard Spahr LLP on

The U.S. Court of Appeals for the Eighth Circuit recently upheld summary judgment in favor of a lender, dismissing an action by the borrowers’ spouses alleging that the lender’s requirement that the spouses sign guaranties...more

Bracewell LLP

Texas Supreme Court Confirms General Waiver of Section 51.003 in Guaranty Agreements

Bracewell LLP on

On June 13, 2014, the Texas Supreme Court conclusively resolved the issue of whether a guarantor may generally waive his/her/its statutory right of offset under Section 51.003 of the Texas Property Code. In Moayedi v....more

Miller Starr Regalia

California Court Rejects “Sham Guaranty” Defense; Enforces Guaranty

Miller Starr Regalia on

The “sham guaranty” defense may absolve a guarantor of liability when no deficiency is available against the borrower, and the guarantor is really the borrower with a different name. In California Bank and Trust v. Lawler...more

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