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Creditors › Loans › Guarantors

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

McGlinchey Stafford on

In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Katten Muchin Rosenman LLP

Recognition Agreements in Preferred Equity

Katten Muchin Rosenman LLP on

When making a preferred equity investment behind senior mortgage debt, both the senior lender and the preferred investor will have a number of concerns. Under what circumstances may the preferred investor exercise remedies?...more

A&O Shearman

Secured creditor has no absolute duty to preserve or maintain security for benefit of surety

A&O Shearman on

Although a secured creditor has an equitable duty to perfect its security, there is no “absolute” duty on a creditor to preserve or maintain the security for the benefit of a guarantor. A creditor may however be required to...more

Lathrop GPM

8th Circuit Rules ECOA Does Not Apply to Guarantors of Loans

Lathrop GPM on

After argument before the U.S. Court of Appeals for the 8th Circuit in Hawkins v. Community Bank of Raymore, Case No. 13-3065, Lathrop & Gage attorneys Tom Stahl, Greer Lang and Justin Nichols obtained a ruling that the Equal...more

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