Legal Question in Real Estate Law in Georgia

Contractor and personal guarantee

I built a spec house under my construction companies LLC but had to sign a personal guarantee. If I let a spec home go back to the bank what could they take from me? Would be best to let it go back or just file chp 7 to help protect me more?


Asked on 6/18/09, 6:17 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Contractor and personal guarantee

If they sue, they can get a judgment against you and try to collect in various ways. As far as what they can take, no one here knows what you have. The same can be said for bankruptcy - you are asking for an analysis with no facts. See a bankruptcy lawyer.

Read more
Answered on 6/18/09, 6:22 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Contractor and personal guarantee

You will be personally liable for the deficiency once the home is foreclosed and sold at auction. Any personal assets would be susceptible.

Whether to file bankruptcy is a decision to be made after discussing your options with a bankruptcy attorney.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Read more
Answered on 6/18/09, 6:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia