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Estoppel › Borrowers

A&O Shearman

Recital to intercreditor agreement means creditor is contractually estopped from challenging security

A&O Shearman on

An intercreditor agreement provided that neither creditor would challenge the “validity” of the other’s security. The term “validity” was interpreted broadly to prevent a challenge to the general effectiveness of the...more

A&O Shearman

Recitals give rise to contractual estoppel

A&O Shearman on

The High Court has held that the recitals to an intercreditor agreement estopped a party from challenging the validity of the other lender’s security....more

Baker Donelson

Florida Court Rules Borrowers Who Surrender Property in Bankruptcy Can't Later Take it Back

Baker Donelson on

Thanks to several recent United States Bankruptcy Court decisions in Florida, mortgage servicers should now expect borrowers who surrender their real property in bankruptcy to not contest foreclosure later. Since the...more

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