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Waivers Guaranty Claims

McGlinchey Stafford

Is My FDCPA Claim Timely? - McGlinchey Commercial Law Bulletin - March 14, 2023

McGlinchey Stafford on

Ohio- Statute of Limitations Under FDCPA- Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023). In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...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

Burr & Forman

Burr Alert: This Old Waiver? I’ve Had it for Years

Burr & Forman on

The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC. In York, the Supreme Court affirmed the lower court’s application of last...more

Snell & Wilmer

Unmitigated Waivers: Guarantors Remain Liable Despite 4-Year Delay in Foreclosure Sale

Snell & Wilmer on

If a lender delays foreclosure allowing years of default interest to accrue such that a guarantor’s obligation increases from $6 million to $12 million, should the guarantor remain on the hook for the full $12 million? In...more

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