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Attorneys representing both borrowers and lenders were quick to respond to the Court’s decision, alternatively praising or decrying the effort as the foundation for a new war against secured lending.

The simple fact, however, is that the Court’s decision endangers only a special (and soon-to-be dwindling) class of lenders: Those too lazy, cheap, or sloppy to properly document a simple contractual assignment.

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Unless we have created an attorney-client relationship for a particular matter, no information that you provide in an email to Geraci will prevent Geraci from representing a different client in the same matter.

The Court drew the critical distinction between “void” and merely “voidable” agreements.

The latter describes a contract that, because of some error, either party can choose to affirm or reject (e.g., an express misrepresentation about the condition of a property for sale).

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This website presents general information about Geraci and nothing contained in this site is intended as legal advice to you or anyone else and you should not consider it as such.

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