Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 2 years ago,

Account Closed
  • Rental Property Investor
  • San Diego, CA
16
Votes |
44
Posts

Personal Guaranty if Principle is Guarantor's living trust?

Account Closed
  • Rental Property Investor
  • San Diego, CA
Posted

In this article, an attorney presents a template for a California Personal Guaranty...  https://www.stimmel-law.com/en...

It seems to address 2 of my top 3 concerns...  

1. The Guarantor has an ownership or family interest in the Principle (Borrower) -- Is it sufficient to simply include this as a recitation?

[Commonly, the guarantor has an ownership interest in the entity or a family interest with the principle and that fact should be recited in the guaranty. Typically, a clause will read... "X agrees to pay all debts of Y, a company in which X has an ownership interest"]

"GUARANTOR agrees to pay all debts of BORROWER, an entity in which GUARANTOR has an ownership interest or family interest"

2. Lender need not exhaust any remedies against Principle (Borrower) before seeking recovery from the Guarantor.

"Should BORROWER default in the prompt payment of sums due LENDER, LENDER may immediately proceed against GUARANTOR, and shall give written notice to the GUARANTOR, together with an accounting of all sums due as to which BORROWER is in default, by regular or certified mail. LENDER may, from time to time, extend the time for payment or accept partial payments of or additional security for balances due or to become due from the BORROWER without or prior to, such notice to the GUARANTOR. GUARANTOR hereby waives the right to require LENDER to first proceed against BORROWER prior to enforcing this Guarantee."

The remaining concern is...

3. Are these clauses suitable if the Principle (Borrower) is the Guarantor's living trust? (rather than the Guarantor's corp) The article focuses on a personal guaranty for a corp loan / LOC.