CSA 13-101 Loop, LLC v. Loop 101, LLC

*358OPINION

HOWE, Judge.

¶ 1 This case requires this Court to decide, among other questions, whether a borrower or guarantor can contractually waive its right to a determination of fair market value in a deficiency action. Because we agree with the trial court that this right cannot be waived, and reject the other claims raised on appeal, we affirm the trial court’s granting of summary judgment.

FACTS AND PROCEDURAL HISTORY

¶ 2 Loop 101, LLC (“Loop 101”) borrowed $15,600,000 from MidFirst Bank in February 2007 to build a commercial office building on its property adjacent to State Highway 101. Loop…