Published January 07, 2019

Personal Guarantees - better left as strangers (but good luck convincing a lender)

"A fraudulent transfer lawsuit is based on a claim, and the claim is said to arise in this context when the personal guarantee is entered into, and not when the underlying deal goes into default."

When a lender requires a personal guaranty, best to know what YOU are signing up for! Read a good article below on this. The author discusses personal guarantees in the context of real estate developers, but these guarantees can be - and more often than not are - required for all types of loans.

If you're signing a personal guaranty, understand that YOU are on the hook, personally. There's no way out if things go South. Oftentimes, you can't avoid having to enter into a personal guaranty, but you can be better informed about what you're getting into. Look before you leap!

Personal Guarantees - No (legal) Way Out.

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