Last year in this space we reported on a pair of Michigan court decisions (51382 Gratiot Avenue Holdings, Inc. v. Chesterfield Development Company (Chesterfield) and Wells Fargo Bank, N.A. v. Cherryland Mall (Cherryland), which each held that a CMBS borrower’s insolvency could trigger personal liability on the part of its non-recourse carve-out guarantor. Those decisions … Continue Reading
This post was also written by Alex Heaton. A recent High Court decision on the liability of a guarantor is already causing investors concern. See our earlier posting . Here we consider the immediate implications for tenants and their guarantors, and, perhaps surprisingly, it is not all good news.… Continue Reading
A decision by the High Court on the liability of a guarantor has just been published and is already causing concern and consternation in the market.… Continue Reading
