Glossary · Underwriting

Personal guaranty

Also called: personal guarantee, PG, unlimited guaranty, limited guaranty

Defined by the Research desk, The Lender Report · Sources reviewed

A signed promise by an individual, usually an owner, to repay a business or real estate loan personally if the borrowing company does not.

A personal guaranty makes an individual answerable for a company’s loan. If the company stops paying, the lender can pursue the guarantor’s own income and assets under the terms of the document.

The FDIC’s examination manual sets out the main types. A guaranty of payment means the guarantor pays when the loan is not paid on time, without the lender first going after anyone else. A guaranty of collection means the guarantor pays only after the lender has won a judgment against the borrower and failed to collect. A limited guaranty covers a specific note or a fixed period; a continuing guaranty is a separate document that also covers future dealings between the lender and the borrower until it is revoked.

On SBA loans the terms are set by rule: anyone who owns 20 percent or more of the borrower gives an unlimited full guaranty, and each guarantor provides a personal financial statement dated within 90 days. A spouse who owns less than 20 percent must also sign when the couple’s combined stake reaches 20 percent.

Before signing, check whether the guaranty is capped, whether it is joint with other owners, and whether it ends when the loan is repaid.

How it shows up in the data here

Not in any public file. No filing here says whether a lender took a personal guaranty on any loan, and no borrower or guarantor is named on this site. Banks and credit unions usually ask for one on small business and smaller property loans. Use loan comps to find lenders active at your size, then ask each one what guaranty it wants.

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Related terms

Sources

  1. FDIC Risk Management Manual of Examination Policies, Section 3.2, Loans (Loan Guarantee, pp. 3.2-68 to 3.2-69), published .
  2. SBA SOP 50 10 8.1, Section A, Chapter 5, A (Guaranties), effective .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.