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Showing 6 posts in Commercial Loans.

Promises to pay Another’s Debts Might fall Within Statute of Frauds; Then Again, Maybe not

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Paying the debts of another is complicated business, especially under Michigan’s version of the statute of frauds. Continue Reading ›

Tags: Commercial Liability, Commercial Loans, Contracts, Fraud Activity

Proceed With Caution When Considering CMBS Loans

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CMBS loans are still popular sources of financing for commercial real estate investors despite their challenges. Continue Reading ›

Tags: Commercial Loans, Commercial Real Estate, Real Estate Mortgages

Court Ruling Gives Junior Lien Holders Reason to be Wary of Property Sales by Receivers

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Appellate court ruling allows receivers to sell property even if proceeds fail to compensate junior lien holders. Continue Reading ›

Tags: Commercial Liability, Commercial Loans, Commercial Real Estate, Mortgage Foreclosure, Real Estate Mortgages, Receiverships

Collecting Debt After Bankruptcy? An Ounce of Clarity in the FDCPA-Bankruptcy Quagmire

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Creditors must closely scrutinize Chapter 13 cases to understand what debts are being discharged and to update business records to ensure discharged debts are not pursued post-bankruptcy.  Continue Reading ›

Tags: Bankruptcy, Commercial Liability, Commercial Loans, Commercial Real Estate, Fair Debt Collection Practices Act

Fair Credit Reporting Act Post-Bankruptcy Claims - One Less Thing to Worry About

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Court rules that bank, which accepted a borrower's voluntary payments post-bankruptcy and opted not to foreclose its security interest in the mortgage, did not violate the FCRA by reporting the loan as closed on the borrower's credit report. Continue Reading ›

Tags: Bankruptcy, Commercial Loans, Fair Credit Reporting Act, Mortgage Foreclosure

IS IT ONE CLAIM OR TWO: In a Guaranty Action, do I Have to Foreclose my Mortgage at the Same Time?

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Appellate court rules on whether lender can sue to enforce other security in a loan default situation without also foreclosing on the borrower's mortgage. Continue Reading ›

Tags: Commercial Liability, Commercial Loans, Mortgage Foreclosure
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