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A Guaranty by a "True Guarantor" May Be Enforced Following Foreclosure


by Scott D. Rogers View Biography
Holme Roberts & Owen LLP View Firm Credentials
San Francisco Office

July 22, 2008

Previously published on June 30, 2008

In Talbott v. Hustwit, 2008 DJDAR 9342 (June 20, 2008), two individual guarantors attempted to avoid their obligation for the deficiency (difference between amount owed and amount bid at sale) following a power of sale foreclosure by arguing that they were not "true guarantors" and, thus,...


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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