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#2170039 - 03/26/18 03:34 PM Spousal Consent - Unlimited Guaraty
jef68 Offline
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Joined: Jan 2011
Posts: 88
We have a commercial loan (1 loan) to 3 entity borrowers. Borrower A is owned by the husband and wife. The wife has no ownership interest in Borrower B or C. The account officer would like the unlimited guaranty of the wife. Would an unlimited guaranty raise any issues as she does not have any ownership interest in Borrower's B and C? She can guaranty as it relates to the business she has ownership in but the loan is to all 3 entities. I'm not sure to document this. The other two entities are messing me up so I am not sure how to advise.

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Lending Compliance
#2170041 - 03/26/18 03:37 PM Re: Spousal Consent - Unlimited Guaraty jef68
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,388
Galveston, TX
What is your bank policy on who is required to guarantee commercial loans?
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#2170043 - 03/26/18 03:43 PM Re: Spousal Consent - Unlimited Guaraty jef68
jef68 Offline
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Joined: Jan 2011
Posts: 88
We don't have a specific policy on who is required to guaranty. We follow Reg B when it comes to spousal guarantees. Can we require an unlimited guaranty on the loan due to her ownership in one of the borrowing entities?

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#2170055 - 03/26/18 03:57 PM Re: Spousal Consent - Unlimited Guaraty jef68
rlcarey Online
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rlcarey
Joined: Jul 2001
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Galveston, TX
Normally yes - but without a policy that outlines who is required to guarantee a commercial loan to closely held corporations, then how do you know when or when it is not required. I also have seldom heard of a bank lending to multiple entities in this fashion.
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#2170080 - 03/26/18 04:39 PM Re: Spousal Consent - Unlimited Guaraty jef68
jef68 Offline
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Joined: Jan 2011
Posts: 88
So after inquiring a little further, our process (although it is not specifically stated) is we require anyone who has 25% or more ownership to guaranty however if it is less it doesn't preclude us for asking for it. The spouse has a small % of ownership in Entity A, and has involvement with Entity B and C, although no ownership.

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