The Recourse Carveout for Interfering With the Lender’s Enforcement Actions in Commercial Mortgage Loans

In this article, John A. Chamberlin explains steps that lenders should consider before deciding whether or not to take any enforcement action with respect to a defaulted non-recourse commercial mortgage loan, and steps that borrowers should consider before taking any action which could be deemed to delay or contest a lender’s enforcement action in connection with a defaulted commercial mortgage loan.