Washington Guarantor Liability Following Foreclosure
Gain valuable insights on guarantor liability following foreclosure in Washington. When a lender forecloses upon collateral, its personal guarantees are enforceable only if the lender follows required procedural steps and carefully plans its foreclosure and litigation strategy. Poorly drafted guarantees can prevent collection, and a haphazard foreclosure process can make the guarantees unenforceable. With evolving case law and statutory changes in Washington, it is critical that lenders, investors, developers, guarantors, and their counsel understand when guarantors can be held liable after foreclosure. This topic will teach you defenses and loopholes to be aware of, and how to best ensure maximum recovery from guarantors, or conversely, how to prevent judgment against guarantors. You will learn the legal and business strategies creditors can use to maximize their recovery, including the evidence to establish the “fair value” of the foreclosed collateral. The content will also review commonly litigated guarantee issues, including validity of the guarantee agreement, suretyship defenses and their waiver, lender liability risks, the continuing guarantee, irrevocable guaranties, and the scope of “bad boy” guarantees.
Who should attend?
- Guarantee Enforceability
- Recourse and Nonrecourse Loans, Unconditional Guarantees, and "Bad Boy" Carveout Guarantees
- EEOC Regulation B Requirements for Obtaining Guaranties
- Common Law and Statutory Defenses to GuarantiesGuarantor Liability
- Washington Deed of Trust Act Provisions Relevant to Borrower and Guarantor Liability
- Use of Judicial Foreclosures, Trustee Sales, and Receivership Sales of Collateral
- Recent Washington Appellate Decisions Clarifying Guarantor LiabilityObtaining and Enforcing Judgments Against Guarantors
- Procedural Steps to Perfect Guarantor Judgments
- Evidence Necessary to Establish the "Fair Value" of Foreclosed Properties
- Guarantor Bankruptcies and Their Impact Upon Foreclosures
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