Legal Opinion · Concurrence

LPP Mortgage, Ltd. v. Russell

Court of Civil Appeals of Alabama

Decided December 30, 2004No. 2030028Published

1ConcurrenceMurdock, Judge

In contrast to the view expressed in the dissenting opinion, I cannot construe the portion of the guaranty agreements relied upon in that dissenting opinion as applicable to this case. That provision makes it clear that the guarantor does not grant the lender the power to “increase the principal amount” of the guaranteed debt. I agree with the main opinion that that is not what has been done in this case.

However, I cannot fully agree with all of the reasoning in the main opinion. Among other things, that opinion relies upon the principle that the “ ‘consent of the mortgagor is unnecessary to…

2Cases cited1 opinion

  1. Oakes v. Michigan Oil Co.Supreme Court of Alabama · 1985

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