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Great Western Savings v. Schurgin entity

Successfully defended shopping center developer against former secured lender’s claim for $1.5 million “exit” fee after client refinanced loan. Lender had failed to demand the exit fee at the time the loan was refinanced and deed of trust re-conveyed. Notwithstanding lender’s claim of inadvertent error, persuaded court that “one-action” rule governed and that lender had waived its security interest and therefore waived its claim for further monies. Defeated lender’s claims on quickly set motion for summary judgment based on anti-deficiency law defenses. Collected entire award of fees, including a $50,000 “bonus” over actual attorneys’ fees incurred based on “reasonable fee” argument.