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What Real Estate Lawyers Need to Know About Recent Changes to Borrower's Carveout Liability

ExecSense, May 2011, Pages: 60


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What Real Estate Lawyers Need to Know About Recent Changes to Borrower's Carveout Liability is a time efficient way to be in-the-know on the most recent case law and other legal developments regarding recourse carve out guaranties (“bad boy guaranties”), which provide for personal liability against the borrower and principals of borrower upon the occurrence of certain enumerated bad acts committed by the borrower or its principals. Take the 60 minutes to view this webinar (on your computer, mobile phone, iPad, Kindle or printed out) to get up to speed on the latest developments on the legality of recourse carve out guarantees so that you can properly advise your borrower clients who are being asked by lenders to execute these risky agreements.

Upon ordering, ExecSense will email you a link to download the webinar files for viewing on your computer, mobile phone, iPod, iPad, Kindle or printed out. The downloaded files will include the PowerPoint presentation, audio narration and jpeg images of the slides (for watching on your mobile media device). Take advantage of your next commute, flight, business trip, lunch, or free hour in your schedule to view this webinar.

The webinar is led by an expert on recent changes to borrower’s carveout liability, Sam Gussis, Attorney, Gussis Law Group and focuses on:
- Everything you need to know in 60 minutes about recent case law and other legal developments regarding recourse carve out guaranties (“bad boy guaranties”), which provide for personal liability against the borrower and principals of borrower upon the occurrence of certain enumerated bad acts committed by the borrower or its principals
- A comprehensive overview of recent changes to borrower’s carveout liability, including discussion of D.B. Zwirn Special Opportunities Fund, L.P. v. SCC Acquisitions, Inc., a recent New York case holding that where recourse was to be triggered upon actual admission in writing of insolvency or inability to pay debts when they became due, a mere conclusion by a lender plaintiff that the borrower's financial reports demonstrated the insolvency was insufficient to invoke personal liability
- Perspective on how your borrower clients will be impacted by changes to borrower’s carveout liability, including practical advice on what you should be doing right now to adequately prepare your clients who are contemplating mortgage loans
- The 10 questions most asked by real estate attorneys about the potential personal liability of their clients who provide recourse carve out guaranties
- Case studies of what other real estate attorneys are already doing to prepare their clients for the changes to borrower’s carveout liability, and important lessons learned that you and your clients need to know about

Praise for ExecSense Webinars:
'An expeditious way to obtain authoritative current information and ideas on a subject of interest.' – David Kera, Partner, Oblon Spivak
'Just in time information to improve knowledge of current topics and trends.” – Thomas M. Armstrong, Attorney, Reid and Riege
“Well organized, well articulated, and easy to follow. The ExecSense webinar I attended was the best virtual learning experience I've had in quite some time.” – Brian K. Moore, HR Communications, Humana




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