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Banking

Apr. 24, 2012

Moneyball: guarantors hit by hardball with Cherryland decision

Borrowers should be wary of the recent Michigan decision involving 'limited' guarantees. By Gordon L. Gerson of Gerson Law Firm APC


By Gordon L. Gerson


Before the rites of baseball spring training began in 2012, this winter a Michigan court delivered a hardball pitch to borrowers and a moneyball to lenders. It is also the story when a bad boy-carve-out becomes a strikeout.


In Wells Fargo Bank v. Cherryland Mall, LP et al., a limited guaranty became a full guaranty in a manner that the guarantor and both its mortgage broker and its legal counsel at the time of loan originatio...

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