Legal Question in Business Law in New Jersey
Renewal of Loan and co-signer
I signed a guarantee with several
others for a business loan from a
former business partner to the
business. The president who is one of
the co-signers is the only person to
sign the loan papers. The note was
for a period of one year. After the
one-year period the note still had a
balance and was in default. The
president of the company
renegotiated the loan without
anyone else�s approval or mine. Was
the president required to get
everyone�s approval? Is my
guarantee still in effect?
1 Answer from Attorneys
Re: Renewal of Loan and co-signer
More information is needed. If the note was renegotiated, then a new agreement should have been drawn up. If you are not a party to that agreement you would have no obligations thereunder unless it incorporates by reference the original note.
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