In Maryland the use of Indemnity Deeds of Trust are a simple path to save your borrowers $5 to $7 per thousand on their closing costs for commercial loans, but proper structuring of the transaction is essential to meet the...more
The construction industry received great news when Governor Reynolds signed SF2229 into law, repealing the so-called “anti-collateral” statute that disallowed mechanic’s liens in instances where material suppliers and others...more
Any first-year law student could attest that understanding what the law is can be a difficult task, in part because the law is not always applied consistently by courts. This problem gives rise to a maxim law professors often...more
Many cross-border loan transactions involve subsidiaries that are organized in the United States and/or U.S. based collateral. To the extent that the underlying loan is made to a Canadian borrower by a Canadian lender, these...more
For years, the typical post-default strategy of secured lenders has been to foreclose the collateral through the power-of-sale contained in the deed of trust, credit the foreclosure proceeds to the outstanding loan balance,...more
In First Credit Union v. Courtney, 309 P.3d 929, 669 Ariz. Adv. Rep. 18 (Ct. App. 2013), the Arizona Court of Appeals rejected three creative arguments that A.R.S. § 33-814 protected the guarantors from paying on their...more