Default Remedies: Traps for the Unwary, Weapons for the Wise

Steven Morger, Al Flor and Mark Epstein presented “Default Remedies: Traps for the Unwary … Weapons for the Wise,” on June 10, 2014 as part of the Wendel Rosen Speaker Series.

The panel discussion addressed the fine line between a properly documented default remedy provision and an unenforceable penalty provision in a contract.

Topics discussed included:

• Default Rate Interest
• Dual Track Foreclosures
• Structured Settlements
• Incentive Discounts
• “Bad Boy” or Springing Guaranties
• Prepayment Waiver
• Late Charges (Balloons)