Legal Question in Credit and Debt Law in Texas

Release of a guarantor

A guarantor of a lease executes a guaranty BEFORE the lease is agreed to(before its created)then the lease becomes in default.Is the guarantor liable?Q# 2-The lease was amended four times after the guaranty was executed.Is the guarantor released from the guaranty due to these unapproved changes in the lease?Can you refer case law examples.Thanks.


Asked on 11/30/04, 7:22 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Release of a guarantor

1. Most likely, although the specific language of the guaranty may give the guarantor a loophole.

2. Depends upon the language of the guaranty as to whether it survives changes in the obligation. Most do.

3. You have to do your own legal research, or pay someone to do it for you. We just provide general information, not legal advice.

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Answered on 11/30/04, 8:03 pm


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