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12) Even though loans in CMBS pools are non-recourse, the sponsors of the borrowing entities may become personally liable for fraud, misrepresentation, misappropriation of
12) Even though loans in CMBS pools are non-recourse, the sponsors of the borrowing entities may become personally liable for fraud, misrepresentation, misappropriation of funds, unapproved property transfers, the filing of voluntary bankruptcy, etc. These provisions contained in the mortgage loan documents that trigger recourse are referred to as: a) Subordination and Non-compliance Clauses b) "Non-recourse carve-outs" or "Bad boy provisions" c) Reverse Exculpatory Provisions d) Prevarication, Dissembling and Falsification Provisions
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