Oklahoma Specific Guaranty
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FAQ
Some guarantees provide for termination by notice. The notice must usually be in writing. Once notice has expired, liability is released for monies lent after this period. Standard terms usually provide that the guarantor is liable for the amount due at the end of the period of notice.
The first thing to do is to speak to your bank about getting released from the personal guarantee. They are very likely to simply say no, so you will need a great argument to convince your bank that the loss of a personal guarantee does not increase the risk of non-payment of your business loan.
Hear this out loud PauseThe usual way that a guaranty is enforced is through a written demand (although this is not usually required in most forms) followed by the filing of a law suit. If the guarantor has pledged collateral to secure the guaranty obligation, foreclosure proceedings against that will often be commenced.
Thus, a guaranty clause would involve three parties. It is an enforceable form of promise for the guarantor as there is a consideration for the guarantor.
How do I get rid of a personal guarantee? A personal guarantee may be revoked if the guarantor and lender agree, in writing. It's also possible that debts enforced by a personal guarantee may be discharged in bankruptcy.
Hear this out loud PauseA guaranty, much like any other contract, can be revoked later if both the guarantor and the lender agree in writing. Some debts owed by personal guarantors can also be discharged in bankruptcy.
