News & Analysis as of

Waivers Anti-Deficiency Provisions

Seyfarth Shaw LLP

When the Workout Doesn't Work—Enforcement of Commercial Mortgage Loans in California (Part 3: One Action Rule and Anti-Deficiency...

Seyfarth Shaw LLP on

California's one action rule and anti-deficiency protections, together with the related fair value limitations, are procedural rules with substantive effects that establish limitations on the manner of enforcing rights and...more

Hudson Cook, LLP

Don't Assume What a Court Will Assume About Your Contract

Hudson Cook, LLP on

It's often difficult to predict how a court will interpret text, whether the text is part of a statute, a regulation, or a contract. Sure, courts have tools to aid their interpretations, but how a court will apply those tools...more

Patton Sullivan Brodehl LLP

Loan Guaranties: Statutory and Legal Defenses Can Be Waived, But What About Equitable Defenses?

Guarantors of loans occupy a vulnerable position under California law. While direct borrowers often benefit from California’s robust statutory anti-deficiency framework, those protections are often unavailable for...more

Snell & Wilmer

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

Clark Hill PLC

Arizona Anti-Deficiency Protection Cannot Be Waived

Clark Hill PLC on

The Arizona appellate courts continue to reinforce Arizona's anti-deficiency law by finding that a prospective waiver of anti-deficiency protections violates public policy and is prohibited. ...more

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