Admin

Login/Account Details

Other Users
Legalnut.com Home arrow Legal Forums
Legal Forums
Welcome, Guest
Please Login or Register.    Lost Password?
Re:Commercial Guaranty (1 viewing) (1) Guest
Go to bottom Post Reply Favoured: 0
TOPIC: Re:Commercial Guaranty
#1215
abigei (User)
Junior Boarder
Posts: 22
graphgraph
User Offline
Commercial Guaranty 6 Months, 2 Weeks ago Karma: 0  
a business is owned by two people. One of the co-owners dies. The business had a loan secured by both owners. The bank found out that one of the co-owners dies and now wants the surviving spouse of the deceased co-owner to sign a guaranty or the bank will "call" the loan.

What can the surviving spouse of the deceased co-owner do? Is there an obligation for her to sign a guaranty on a business that she doesnt run? The surviving co-owner doesnt want to sign it.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#1231
lex_advoc (User)
Junior Boarder
Posts: 21
graphgraph
User Offline
Re:Commercial Guaranty 6 Months, 1 Week ago Karma: 0  
The surviving spouse cannot in anyway be compelled to sign something against her will. That would be illegal and constitute a violation with her contractual rights. It is like giving forcing someone to drive when fairly he cannot.
On that score, there cannot be an obligation to sign, especially when the same amounts to creating liability.
The bank may some other alternatives, not just by compelling someone to subscribe into an undertaking that is obviously foreign to the subject. Fairly it is not viable.
Besides, the surviving co-owner, on his side may not like to deal with the surviving spouse of the deceased co-owner. Mere speculation though.

The surviving co-owner may refuse to sign, that’s it.
Peril for calling out of the loan, though imminent, confer with the bank and ask for another accommodation.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#1232
abigei (User)
Junior Boarder
Posts: 22
graphgraph
User Offline
Re:Commercial Guaranty 6 Months, 1 Week ago Karma: 0  
If the surviving spouse doesnt sign the loan guarantee, the bank is claiming that they will call the loan. So she is in a bad position....and she cant refinance in this market.

Doesnt look like she has any real choice
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#1251
melvs (User)
Fresh Boarder
Posts: 10
graphgraph
User Offline
Re:Commercial Guaranty 6 Months, 1 Week ago Karma: 0  
Yeah, no real choice. Possibly,ask for another accommodation with the bank. If not viable, concede.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
Go to top Post Reply
Powered by FireBoardget the latest posts directly to your desktop
Copyright © 2006 - 2008 Rochester Ideas, LLC. All rights reserved. Our site is valid CSS Our site is valid XHTML 1.0 Transitional