Up, Up, and… AWAY!

Up, Up, and….AWAY! A common component in virtually all commercial real estate loan documents is the provision addressing late fees that kick in upon a borrowers’ failure to make timely payments. Recent Arizona case law has changed the enforceability of certain provisions regarding particular late fees. In 2017, the Arizona Supreme Court issued an opinion … More Up, Up, and… AWAY!

Guaranteed Waives This Summer

Guaranteed Waives This Summer Loan guaranties typically contain many express “waivers” by the guarantor for the benefit of the lender.  By agreeing to such a waiver, the guarantor releases certain rights that could have otherwise frustrated the lender’s clear path toward recovery if exercised by the guarantor.  For example, waivers of notice, presentment and even … More Guaranteed Waives This Summer