personal guarantee

jackoberle · Joined: 28 Aug 2009 Posts: 1 1.32 Dollars($)

My Son and I are in business here in GA. We have notes to our bank for a lot and a spec house which the bank has collateral on. When we just re-signed the notes they had us sign a personal guarantee as well. If we quit claim deed our personal homes to our sons will that stop the bank from taking our homes should we fail on properties I menetioned above?
P.S. Our wives never signed any paperwork.

adonis · Posted: Fri Aug 28, 2009 7:31 pm Post subject:

Hi jackoberle,

You've mentioned that the bank had you sign a personal guarantee for the properties. In such a situation, you should first check out if there's a due on sale clause mentioned in your mortgage doc. If yes, then you would be liable to pay off the mortgage immediately after you transfer the property to someone else.

robertcampbell07 · Joined: 25 Aug 2009 Posts: 52 -0.11 Dollars($)

i think they have are using your prpoert as a guarantee for mortgage.

if you plan to quit claim deed to your sons, they may consider it as a fraud. so be careful

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