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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.
Yes, a personal guarantee has to be notarized. The individual involved in notarizing the pledge acts as a witness for the contract.
There are two types of lease guarantees in New York. A full or complete guarantee for the payment of rent or a ?good guy guarantee (?GGG?)?, which is a specialized type of guarantee, which can limit the payment of the guarantor under the lease, if certain conditions enumerated in the GGG are met.
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.
Last summer, we wrote about New York City Administrative Code Section 22-1005, known as the Guaranty Law. This was a pandemic-era prohibition on enforcement of personal guaranties supporting commercial leases for defaults that occurred between March 7, 2020, and June 30, 2021.
The third law, entitled "Personal Liability Provisions in Commercial Leases," is known as the "Guaranty Law." This law limits the ability of commercial landlords to enforce a "personal guaranty"?that is, a contractual promise by a third-party, typically the principal of the business-tenant, to pay rent, utilities, or ...
In a well-reasoned decision, Judge Abrams held that New York City's Guaranty Law violates the United States Constitution's Contracts Clause. This decision is a significant victory for landlords and carries significant implications for landlords and their tenants.