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 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