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#2181339 - 06/11/18 11:33 PM Guaranty Required - Documenting Joint Intent?
Mel in WA Offline
Diamond Poster
Joined: Mar 2013
Posts: 1,266
Our bank requires a personal guaranty for all individuals who own 20% or more. I recently read that if this is the bank's policy, joint intent does not have to be documented. We are a community property state. Is this true??

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Fair Lending
#2181344 - 06/12/18 09:23 AM Re: Guaranty Required - Documenting Joint Intent? Mel in WA
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
Correct, it is not voluntary.

Paragraph 7(d)(6).

1. Guarantees. A guarantee on an extension of credit is part of a credit transaction and therefore subject to the regulation. A creditor may require the personal guarantee of the partners, directors, or officers of a business, and the shareholders of a closely held corporation, even if the business or corporation is creditworthy. The requirement must be based on the guarantor's relationship with the business or corporation, however, and not on a prohibited basis. For example, a creditor may not require guarantees only for women-owned or minority-owned businesses. Similarly, a creditor may not require guarantees only of the married officers of a business or the married shareholders of a closely held corporation.
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