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Lawyers, Credits with endorsement. Nullity of guarantees
Several judgments have been obtained declaring the invalidity of guarantees, considering that it is a disproportionate guarantee in relation to the risk assumed. Also taking into account all the circumstances in which it was signed and the details of the process.
"What is the guarantee?"
The guarantee is a legal and economic figure. Which establishes a commitment to comply with obligations, consists of a guarantee, represented by a third party. This third party claims to respond on behalf of the person to whom it guarantees in the event that this does not comply with the established payments of a debt contracted.
The fundamental function of presenting a guarantor is a guarantee so that the guarantor can acquire the obligation. If the principal debtor does not pay the loan, the guarantor may be required to pay the debt.
It is very common to present an endorsement when requesting a loan from a bank, for example.
The regulation of the surety contract establishes a series of rights that assist the guarantor or guarantor.
The excuse, division and order that modulate the guarantor’s situation. This right consists of the obligation of the creditor to address the debtor first.
Hiring a Mortgage loan with Guarantee
At the same time, it is important to highlight the importance of declaring the invalidity of guarantees when they were made using incorrect information.
If the bank does not explain in detail the conditions of the guarantee or gives erroneous information about its duration or limits, it would be incurring a total lack of transparency.
This type of opaque negotiations can lead to the invalidity of the guarantee before the courts.
BBS Abogados obtained several judgments declaring the invalidity of guarantees, considering that it is a disproportionate guarantee in relation to the risk assumed.
Mortgage Advice, guarantor's responsibility
When a mortgage loan is contracted, it is extremely important to seek advice from a specialized law firm. Study the options and manage to limit the guarantor to reduce the liability burden of the guarantor.
A guarantee can be limited to a specific amount, it could cease to be active when the mortgager has paid 20% or 30% of the outstanding debt, for example.
It can also be limited in time, for example, to the first ten years. In both cases, it is absolutely necessary to carry out a negotiation with the financial institution. To ensure that such negotiation is in writing to avoid any future problems.
Get the nullity of guarantees with an expert lawyer in bank guarantees. At BBS Abogados we can help you consult as one of our expert lawyers.