South Carolina Loan Guaranty Agreement
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How to fill out Loan Guaranty Agreement?
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FAQ
As a general principle guarantees create independent principal obligations while suretyships create accessory obligations. A suretyship is a contract between a creditor, a principal debtor and a third party binding himself in part or in whole on behalf of the principal debtor, usually as surety and co-principal debtor.
The person who gives the guarantee is called the "surety": the person in respect of whose default the guarantee is given is called the "principal debtor", and the person to whom the guarantee is given is called the "creditor". A guarantee may be either oral or written.
A guaranty agreement is a contract between two parties where one party agrees to pay a debt or perform a duty in the event that the original party fails to do so. The party who makes the guaranty is called the guarantor. An agreement of this nature is often used in real estate, insurance, or financial transactions.
The importance of making the proper distinction between a surety and a guarantor lies chiefly in this, that a surety is in the first instance answerable for the debt for which he makes himself responsible, and his contracts are often specialties, while a guarantor is only liable when default is made by the party whose ...
Traditionally, a distinction is made between: Real guarantees relating to assets having an intrinsic value. Personal guarantees involving a debt obligation for one or more people. Moral guarantees that do not provide the lender with any real legal security.
A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor. The surety undertakes directly for the payment. The surety is responsible at once if the principal debtor defaults. In other words, a guaranty is an undertaking that the debtor shall pay.
A loan guarantee is a legally binding commitment to pay a debt in the event the borrower defaults. This most often occurs between family members, where the borrower can't obtain a loan because of a lack of income or down payment, or due to a poor credit rating.
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.