The Ties That Bind
Apr 08, 2015

Tom Lerner discusses the policy considerations and effects of physician noncompete restrictions, including legislation considered this session that would have limited their enforcement.

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Guaranteed Confusion on Guarantor Liability
Feb 26, 2014

The Stokes Lawrence Financial Services attorneys circulate bulletins about new developments in the law that affect creditor remedies. This client update discusses a lender's ability to recover against guarantors following a nonjudicial foreclosure, and the strategic decision confronting lenders in light of inconsistent appellate rulings.

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Nonjudicial Foreclosures and the Guarantors Who Got Away...
Dec 05, 2013

On December 3, 2013, the Court of Appeals held that liability for a deficiency under a guarantee was extinguished by a nonjudicial foreclosure. Lenders considering foreclosure should re-examine the underlying deed of trust and other loan documents to determine whether the definition of "related documents" encompasses guarantees among the obligations secured by the deed of trust.

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Appellate Court Clarifies Agricultural Exception to Nonjudicial Foreclosure; Preserves Other Lender Remedies
Jun 13, 2013

The first half of 2013 has brought a series of appellate decisions construing the nonjudicial foreclosure remedies under the Deed of Trust Act, including the first instance (in Schroeder v. Excelsior Management Group, LLC) where an appellate court vacated a sale because of the agricultural exception to nonjudicial foreclosure. Soon after, the Court of Appeals provided clear parameters when that exception may apply and also clarified the limited nature of a prohibited deficiency judgm...

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