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The third person making the guaranty is secondarily liable. The guarantor can be required to pay the obligation only after the principle debtor defaults, and usually only after the creditor has made an attempt to collect from the debtor.
The "guarantor" is the person guarantying the debt while the party who originally incurred the debt is the "principle" and the creditor is the "guaranteed party." Under California law, if properly drafted, a guaranty is a fully enforceable obligation which allows the guaranteed party to proceed directly against the ...
In California, a complaint for breach of guaranty requires: (1) the existence of a contract; (2) plaintiff's performance or excuse for non-performance under the contract; (3) defendant's breach under the contract; and (4) damages. Acoustics, Inc. v. Trepte Constr.
In California, even though the ?main? contract/loan might be with the corporation or limited liability company, a personal guaranty allows the creditor to sue the guarantor if the contract is breached or the loan becomes past due.
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.
A guarantee is entitled to receive the payment as a creditor to whom a guaranty is made. A guarantee holds the right to receive payment as a creditor first from the debtor, then from the creditor. Also, a guarantee could be an alternative spelling of the word guaranty, the promise to the creditor, itself.
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.