Paul R. Steinfurth and Paul C. Steinfurth v. Ski Lodge Apartments, LLC

Summary

The court held that Ski Lodge adequately placed the guarantors on notice of its claim that they had waived personal exemptions because the loan documents containing the waiver were attached to and incorporated into the complaint, and because the guarantors actually contested the issue before judgment. It further held that the guarantors' agreement to perform the maker's obligations under the promissory note did not encompass the maker's separate waiver of exemptions, and that the guaranty did not incorporate the promissory note's terms and conditions. The judgment was reversed and remanded insofar as it enforced a waiver of the guarantors' personal exemptions. Shaw, J., concurring in part and concurring in the result, disagreed that attachment alone satisfied the pleading statute but agreed that the waiver could be enforced because the guarantors received notice and an opportunity to contest it.