Author Topic: Recourse when a borrower (LLC) defaults on loan payments  (Read 1099 times)

jeromedawg

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Recourse when a borrower (LLC) defaults on loan payments
« on: March 31, 2020, 05:07:26 PM »
Hey all,

So my in-laws decided to carry back a $60k loan to the buyer (owner registered under LLC) who took over their restaurant business at the start of 2019.  She just informed my FIL that she won't be able to make payments from now on due to the business being down in the dumps. I'm not sure that there was any personal guarantee signed (I don't think there was but would have to confirm). Are they pretty much SOL at this point if she continues to default on her payments? She is also renting the space from a landlord and agreed to a 10 year lease with them AFAIK - I don't have the full details about that but the landlord and my in-laws have a good relationship (they originally rented from the landlords late father and had established a great relationship with the family. Not sure if there would be any 'leverage' they may have from that perspective).

Just looking for ideas and suggestions on the next step(s), if any.

BTW: not sure if this makes a difference as far as local/state law but my in-laws are in Southern California.
« Last Edit: March 31, 2020, 05:14:16 PM by jeromedawg »

LightStache

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Re: Recourse when a borrower (LLC) defaults on loan payments
« Reply #1 on: April 04, 2020, 10:28:00 AM »
It's all a matter of what's in the loan contract. I'd look to see if there are provisions for 1) a personal guarantee and 2) collateral. If your in laws signed up for a loan with no personal guarantee and no collateral, that was a high risk move and they might have to charge it off.

I'd approach the owner and offer to suspend payments for six months. If needed, step in to help her apply for the federal assistance program to keep the business afloat. Put everything in writing and have her sign the modification.

If she refuses to work with your in laws, send a letter noting that they offered to help, but since she refused the modification, the original terms still stand. Note that failure to pay will cause the note to go into collections, and if there's a personal guarantee, destroying her personal credit. Then see if you can sell the note to a collections agency, but honestly if there's no personal guarantee then I'm not sure you will be able to sell the note for much.

COVID-19 has created a tough situation for lenders and borrowers. Obviously lenders need to understand that businesses took out loans and now, through no fault of their own, aren't able to make payments. But there are going to be people who take advantage of the situation maliciously or use it to excuse the fact they're bad at business.