Bank of America, N.A. v. Stonehaven Manor, LLC

Opinion

BUTZ, J.

In this appeal we conclude that the property of a guarantor of a debt—a debt which is secured by the real property of the principal debtor and also that of a joint and several coguarantor—is subject to attachment where the guarantor has contractually waived the benefit of that security.

Accordingly, we shall affirm the trial court’s appealable orders of attachment (Code Civ. Proc., § 904.1, subd. (a)(5)), 1 which reached the same conclusion.

FACTUAL AND PROCEDURAL BACKGROUND

The principal debtor is Beck Properties, Inc. (Borrower), a residential developer, which obtained a $150…