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Home / Opinion Digests / Creditor's Rights – Guaranty – Double Recovery – Creditor's Third- Party Settlement (access required)

Creditor's Rights – Guaranty – Double Recovery – Creditor's Third- Party Settlement (access required)

A guarantor on a loan to the guarantor's LLC that owned apartment complexes may pursue his defense of double recovery in an effort to reduce his liability on the guaranty for the defaulted loan by a sum the trustee on the real estate investment trust that holds the note received in settlement with another entity; ...

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