01/22/2012 07:00:00 PM EST
Michigan Court Holds Borrower’s Breach of SPE Requirement in Non-Recourse Carve-Out Provision of CMBS Loan Document Results in Full Recourse Liability for Borrower and Guarantor
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The Michigan Court of Appeals recently held that a borrower’s violation of a non-recourse liability carve-out provision, which prohibited the borrower from becoming insolvent, resulted in the loan becoming fully recourse against the borrower. In
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