Harris Texas Clawback Guaranty is a legal term used in real estate transactions and refers to a specific type of guarantee that protects lenders from financial losses. This type of guarantee is commonly seen in commercial loan agreements and ensures that the lender can recover any outstanding debt if the borrower defaults on the loan. In the context of Harris County, Texas, the Harris Texas Clawback Guaranty is designed to provide an additional layer of security for lenders operating within the county. This legally binding agreement allows lenders to pursue remedies and recover any outstanding funds owed to them, even if the collateral provided by the borrower is insufficient to cover the debt. There are different variations of the Harris Texas Clawback Guaranty, depending on the terms and conditions agreed upon by the parties involved. Some common types include: 1. Full Recourse Guaranty: This type of guaranty provides the lender with the broadest protection, as it holds the guarantor personally liable for the entire debt amount. In case of default, the lender can seek recovery from the guarantor's personal assets, including real estate, bank accounts, and other valuable possessions. 2. Limited Recourse Guaranty: This type of guaranty limits the guarantor's liability to a specific amount or a portion of the outstanding debt. The lender's ability to recover is constrained by the terms outlined in the agreement, and they can only seek repayment up to the agreed-upon limit. 3. Partial Guaranty: As the name suggests, a partial guaranty covers only a portion of the loan amount. In situations where multiple guarantors are involved, each may be obligated to cover a specific percentage of the debt. This type of guaranty allows the lender to pursue remedies against each guarantor individually for their proportionate share of the debt. It's important for borrowers and guarantors to carefully review and understand the terms and conditions of the Harris Texas Clawback Guaranty before entering into any agreements. Seeking legal advice and guidance from professionals experienced in real estate and finance is highly recommended ensuring a comprehensive understanding of the rights and obligations associated with this type of guarantee.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.