Banking Misconduct Blog

All Posts • 5 Posts about personal guaranty
Hotel Values Plummet – Borrowers Seeking Help

Hotel Values Plummet – Borrowers Seeking Help

Anyone who owns an office building, shopping center or other commercial space has probably seen their property values decrease since the pandemic began. Particularly hard hit are hotels, especially those in tourist areas.

The Financial Times reported in September that values are down...
Hotel and Shopping Center Loans in a Freefall – How to Survive

Hotel and Shopping Center Loans in a Freefall – How to Survive

Recently we read a story about the effects of COVID-19 on the hospitality and retail industry. It said that borrowers in “pandemic freefall struggle to avoid default.” Unfortunately, those struggles are real. We are seeing the worst year on record for hotel occupancy and sales figures....

CMBS Delinquencies Increase – What Can Borrowers Do?

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January 2017 was another bad month for CMBS delinquencies. The percentage of loans financed with commercial mortgage backed securities that are now considered delinquent once again creeped over 3.00%. According to the trade publication Mortgage Daily, the long term outlook is even bleaker.
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Can Banks Demand New Loan Guaranties after Bankruptcy?

A ruling by federal bankruptcy judge in North Carolina makes it more difficult for banks to force debtors to sign a new personal guaranty after discharge in bankruptcy. The decision could have wide ranging implications and help borrowers.

In re Schwarz
Dr. Karl Schwarz is a...

Delay in Foreclosure May Not Be Defense to Deficiency

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Arguments over delays in the time it takes to foreclose can have a huge impact on any resulting deficiency judgment. It often takes a bank years and years to complete a foreclosure. Sometimes foreclosures are filed, dismissed and then refiled years later. In most instances, the property owner loses...