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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