We are in need of an expert to testify as to the nature of cmbs loans and the intent and meaning of the non-recourse carve-out guarantees. We represent a borrower and guarantor of a loan that was purchased by an individual investor who foreclosed on the property and is trying to seek a deficiency judgment under a non-recourse carve-out guaranty as if it were a full recourse guaranty. The carve-outs have not been triggered â they are taking the unusual position that the guarantor is guaranteeing all future rents (even though the tenant left long ago). Let me know if this is something within your area of expertise.
Stanley |Attorney, CPA, Efficiency Expert, Author
I can help you interpret the docs and give you an opinion as to whether or not the note holder has m...7 Minutes Later
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