Rus Articles Journal

What does the guarantor risk?

Friends, relatives and colleagues take the credit and ask you to act as the guarantor, assuring that it simple formality ? Before agreeing, study the new role.

Common story...

Irina M. agreed to become a guarantor at the chief - the woman took the inappropriate consumer credit for repair of the new apartment. To refuse to it this to a small request subordination did not allow. But in half a year the chief passed to new work, lost touch with former collective, and after went to Australia on training of three years at all.

Somewhere in the middle of this term the security service of bank contacted Irina, offering to pay in an amicable way for the borrower who owed 300 thousand rubles. In a month the court which decided that Irina is obliged to pay to bank not only the remained credit sum, but also a penalty for delay, and also all expenses connected with judicial proceedings took place. Lawyers whom Irina addressed made a helpless gesture - to find defects in the contract of guarantee or it was not succeeded to achieve recognition of the transaction invalid. Everything that it is necessary to Irina M. - to pay a debt and to prepare for court with the unfair chief.

First try, then trust.

I of SUCH stories hundreds. The guarantee means that in a case when the borrower ceases to fulfill the obligations to bank, they pass to the guarantor or guarantors (according to item 1 of Art. 363 of the Civil code of the Russian Federation). Before agreeing to the guarantee, attentively read the contract, - the deputy chief of legal department of Association of the Russian banks Natalya KRYUCHKOVA advises. - Pay attention, the subsidiary or joint liability is provided according to the contract of guarantee. The first form for guarantors is better as the bank is obliged to demand at first payment of a debt from the borrower, and only if it is impossible, he addresses the guarantor. In case of a joint liability at emergence of any disputable situation to account it is possible to call both the borrower, and the guarantor .

At delivery most slippery the credits - unsecured (especially at delivery of the large sums for urgent needs) - the guarantor appears the only guarantee for bank, - the lawyer of credit broker agency Dmitry SLEPTSOV says. - The smallest risk at those guarantors who put the signature under a car loan or a mortgage: in case of fiasco of the borrower the bank at first will remember about pledge and only then about guarantors .

What has to be the person whom the client of bank designates for a role of the guarantor on the credit? The main requirement to the guarantor - his financial solvency confirmed with the certificate of the income from the tax inspection or from the place of work, - the CEO of National credit agency Igor PLOTNIKOV explains. - By the way, in some banks at the sum over 25 thousand dollars demand at once several guarantors whose salaries in total exceed the income of the borrower .

At the same time degree of responsibility of everyone will be defined proceeding from terms of the contract, but, as a rule, the form happens standard - guarantors pay the borrower`s debt with equal shares. Obligations of the guarantee stop in three cases: when the debt is completely paid to bank when in the contract it was stated time limit guarantees, and it passed, and also if the bank renews the contract of guarantee, breaking off it with you and switching on new victim brought the borrower.

FOR REFERENCE. In what case banks demand guarantors?

Insufficient age or borrower`s experience.

the Borrower cannot document the income, or it simply is absent.

Lack of pledge at the large sum of the credit or desire to increase the credit sum. For example, at registration of a mortgage loan we do not demand the guarantee of the third parties, but sometimes our clients attract guarantors to raise an assessment of own solvency and as a result - to increase the sum of the issued credit - the director of the department of retail banking products of large bank Emil Yusupov explained.

Absence at the borrower of registration in the region of a loan.

How it is polite to refuse the guarantee?

is Advised by the psychologist Angela GASPAROVA:

it is BETTER for span to calculate on paper as you will make ends meet if it is necessary to repay a debt for the borrower. If you risk to appear completely in debts, that it is necessary to refuse obligations of the guarantor.

the MOST honest decision - to explain directly that you will not pull the guarantee.

IF the close related relations or the relations of subordination do not allow to refuse directly, try to find the defects which are not allowing to become the guarantor in the situation. For example, call bank and learn minimum wage of the guarantor whether it is allowed to the guarantee of people, the paying credit or having gray salary etc.

IN CASE the credit is taken by your close relative, suggest it to take you in sozayomshchik. In this case you will have the right to apply for what the borrower gets on credit.

You it is aware? by

with the advent of credit defaulters in Russia the special agencies working in the sphere of return of debts began to be created.

COLLECTORS (in the people - collectors of debts ) - these are the companies conducting work with malicious defaulters on behalf of bank. Collectors represent the interests of banks in court, undertake all process of communication with debtors and vytryasaniye of money from them (certainly, within the law). They are connected to process of return of a debt when the bank finally is tired of the careless borrower.

ANTI-COLLECTORS - the new type of legal business, is answer on growth of the collection companies. Their main task - to rescue bank debtors, partially or completely challenging their debt to bank. In a staff of the anti-collection companies the competent financial lawyers who are looking for inaccuracies, vague formulations and other occasions to carp at documentation governing the relations between bank and the client work.

The GUARANTEE can spoil to you credit history. If you acted as the guarantor and had legal proceedings with bank, without wishing to repay a debt for the careless borrower, then will automatically get in black list this bank and you will be able hardly to use its credit programs in the future.

The MAJORITY of banks allow the borrowers to attract as guarantors of employers, that is legal entity - the company in which the borrower works.