Indiana Assignment of Principal Obligation and Guaranty

State:
Multi-State
Control #:
US-1089BG
Format:
Word; 
Rich Text
Instant download

Description

A guaranty is a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. Usually, the party receiving the guaranty will first try to collect or obtain performance from the debtor before trying to collect from the one making the guaranty (guarantor).

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FAQ

The usual way that a guaranty is enforced is through a written demand (although this is not usually required in most forms) followed by the filing of a law suit.

This means, among other things: (1) Lender may collect from Guarantor without first foreclosing on any real or personal property collateral pledged by Borrower; and (2) if Lender forecloses on any real property collateral pledged by Borrower, then (i) the amount of the debt may be reduced only by the price for which ...

In a finance or lending context, a guarantor would be forced to answer for the debt or default of the debtor to the creditor, if a debtor does not fulfill an obligation on their part to repay their debt.

The Guarantor may not assign, transfer or part with any of its rights or obligations under this Guarantee and Indemnity or any of the Relevant Lease Documents without the prior written consent of the Lessor. Assignment by Guarantor.

A guarantor is a person who makes a promise to pay a debt if the original debtor on the loan cannot pay.

The benefit of guarantees can be assigned to a third party.

The lender may assign all or part of the guaranteed portion of the loan to one or more holders by using an Assignment Guarantee Agreement.

An agreement by which a party (the guarantor) assumes the responsibility for the payment or performance of an obligation or action of another person (the primary obligor) if that other person defaults. A guarantee creates a secondary obligation to support the primary obligor's primary obligation to a third party.

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Indiana Assignment of Principal Obligation and Guaranty