Recent Posts in Debt Financing Category

How to Become a Secured Creditor on Personal Property

By: Serge Filatov, Esq. A mistake that I often see inexperienced lenders make when making secured loans is that they do not take all the steps necessary to become a secured creditor. There are ...
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Not So Fast Getting Out of that Guaranty! (A story about a real estate loan and guaranty.)

By: Jack Easterbrook, Esq. The enforceability of the guaranty of a commercial real estate loan is a question presented to the courts with regularity. A new case, LSREF2 Clover ** testing whether a ...
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Loans and Liens and . . . What Can Go Wrong Here (Part 2)? The Devil is in the Details - Protecting a Lender's Collateral Position Under the UCC

By: Jack Easterbrook The lender gets loan documents signed by the borrower and takes collateral from the borrower to secure the debt. It sounds easy and familiar. So what could go wrong? The ...
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Loans and Liens and. . .What Can Go Wrong Here? Protecting a Lender's Collateral Position Under the UCC - Once Again the Devil is in the Details

By: John Easterbrook The lender gets loan documents signed by the borrower and gets collateral to secure the debt – that is, a lien on the borrower’s property. It sounds easy and familiar. ...
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The Loan Commitment or Term Sheet - Have You Thought Through Everything That You Are Agreeing To?

By: Serge Filatov With interest rates still at historically low rates, many people here in Silicon Valley and San Jose are taking out inexpensive debt to finance their business and real estate needs. ...
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We Are Not Going There! The Limits of Waivers in Loan Guaranties

By: Jack Easterbrook Question: if a person signs a loan guaranty and it contains a long waiver section in which the signer gives up defenses (and the guaranties all have these sections, right?), is ...
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Loans With High Rates of Interest - Be Careful About Usury

By: Serge Filatov As a corporate attorney here in Silicon Vall ey and San Jose, I have numerous clients who need help documenting loan transactions and promissory notes. These clients may be taking on ...
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The Secret Side of UCC Financing Statements

In my experience representing banks, asset based lenders and private lenders in San Jose and throughout the San Francisco Bay Area, an overriding concern is to make sure that the lender has the ...
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