Donald Nanney and Duane Montgomery, both members of Cozen O'Connor's Corporate Practice Group, discuss this topic in Korek Land Company, Inc's Commentaries & Bulletins. The commentary focuses on the statutory right of a lender to waive its security interest in environmentally impaired real property under California Code of Civil Procedure Section 726.5. There are, however, additional rights and protections available that may affect a lender’s decision whether to waive the security interest and otherwise how to handle an environmental impairment situation.
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