The Guaranty: Recent Legal Developments and Strategic Considerations

Wendel Rosen real estate litigation attorneys Chuck Hansen and Carl Ciochon will present "The Guaranty: Recent Legal Developments and Strategic Considerations," a commercial real estate seminar for clients and guests, at 4:30 pm on March 10, 2015.

The personal guaranty has become ubiquitous in commercial real estate transactions.  Although by definition a guarantor is supposed to be only secondarily liable on the underlying obligation, in many instances the guarantor will in fact become the lender’s primary target should the borrower default – with potentially dire consequences.  Learn about hot topics in guaranty law, including the impact of recent California court decisions on guarantor liability, as well as strategies for negotiating favorable guaranty terms at the transaction’s front-end.

Topics Covered:

  • Guaranty Basics
  • The “Hidden” Guaranty
  • Suretyship Defenses and Waiver (including California Bank & Trust v. Del Ponti)
  • The Sham Guaranty (including California Bank & Trust v. Lawlor)
  • Capped and Limited Guaranties
  • Strategic Considerations for Lenders and Potential Guarantors

Who Should Attend:

  • Developers
  • Homebuilders
  • Lenders
  • Real Estate Investors
  • Commercial Lessees

 

If you are interested in attending, please send an email to RSVP@wendel.com with your name, company, title and email address.