June 18, 2020
The loans with a guarantor are loans with a guarantor, who is someone who is giving his or her assets as collateral for another person’s debt and is obligated to the creditor (bank) to pay for the other person’s debts in case of default. To be guarantor is to be tied to a third party debt until it is settled.The guarantor of a bank loan is the person who is responsible for the fulfillment of the contractual obligations if these are not fulfilled by the contractors, in other words, it is the person who is responsible for payment of the loan installments in case of default by the borrower. This is what makes bad credit guarantor loans.
Who can be guarantor in loans with a guarantor?
Any person can be guarantor in loans with a guarantor, provided that he has proven financial capacity to replace whoever contracts the loan. The criteria for accepting the guarantor vary between banks, and for example, the total value of the assets and, in other cases, the value of the remuneration may prevail.Click here.
What are the responsibilities of the guarantor?
The guarantor is obliged to answer (pay) to the creditor (bank) in case the debtor fails to pay or to delay in payment (default).
What are the biggest risks of being guarantor?
The guarantor does not become the owner of a good even if he has settled the debt related to it. If the good purchased was not sold to settle the debt, it remains the property of the former debtor.
What are the rights of the guarantor?
The guarantor who is called upon to respond to a breach of his assets is entitled to claim compensation from the debtor.
The guarantor has two protection mechanisms:
Out-of-court settlement procedure – Out-of-court settlement of non-compliance matters requires banks to negotiate debts with debtors before proceeding to court. The mechanism implies that the guarantors are informed of the debtor’s non-compliance by the creditor and that they may be covered by the procedure, integrating the negotiations and the “payment plan” of the outstanding installments.
When does the guarantor’s liability end?
The guarantor only ceases to be one when the debt of which he is guarantor is extinguished, and cannot, by his sole and exclusive decision, cease to be.
The guarantor may ask for the bail to be extinguished with the creditor, but this is not in their interest, since the guarantor is an additional security (and sometimes the only effective security) that he has.
When can you stop being a guarantor?
The guarantor cannot leave it by his own and unilateral decision, but can be replaced by another if the bank agrees to his replacement. The guarantor may also request a renegotiation of the guarantees given, and all parties (debtor, guarantor and creditor) must agree.
How to stop being a guarantor of a loan?
Settle the debt or negotiate – with the debtor and the creditor – the presentation of a new guarantor or new guarantees. It is very important to think before signing bad credit guarantor loans.