OverviewMany lenders, particularly those without significant experience enforcing loans, may not have a thorough understanding of what constitutes an enforceable guaranty and what arrangements give rise to guarantor rights and defenses or what those rights and defenses are. Similarly, they may be unaware of steps the lender may take or what the lender should avoid at loan origination, during administration and upon loan enforcement to increase the likelihood of recovery from guarantors and mitigate or eliminate the possibility of loss of the right to recover from the guarantor. Many lenders may also be unaware of the broad spectrum of types and variations of guarantees. Failure to understand these issues can result in restrictions on recovery or an inability to recover from guarantors. These reference materials are intended to help lending, credit approval and workout officers understand the wide array of guarantees, which type of guaranty is right for a particular transaction, how to structure a guaranty to obtain the desired results, critical provisions to be included in guarantees, and how to retain the lenderís rights against guarantors. These reference materials will also touch on recent developments or current hot topics in guarantees.
AuthorsMorgan T. Jones, Seyfarth Shaw LLP
Self Study Credit - CD & Reference ManualCBC0.5CLE1.5AZ, CA, GA, HI, ME, MT, NV, UT, VT, WACLE1.8MO, NJ, WVCLE2CO
Self Study Credit - PodcastCLE1.5CA, ME, MT, NVCLE1.8MO, WV
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