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The experience of Russian colleagues: lawyers and attorneys

Implications of the crisis: the guarantors for loans rushed to lawyers

Guarantors on foreign loans rushed to the lawyers. How to Vedomosti, they began to worry that their "wards" will not repay the loan, said the lawyer of the Moscow City Bar Association Alexey Melnikov. According to him, some are already faced with the non-payment now looking for ways to refuse bail.

Lawyers note that usually first creditor banks are trying to find common language with the principal debtor, and only then demand money from the guarantors. If the debtor does not respond to calls and does not come to us, then the bank or the collector has the right to go directly to the guarantor. The fact that the contract of guarantee individual provides joint and several liability: the creditor has the right to demand money at the same time and with the borrower and the guarantor, stress lawyers. This applies to pre-debt collection, and through the courts. Lawyers fear that the current situation, banks will not be a long time to persuade debtors and will go to court quickly enough. But such a possibility. According to the lawyer of the Moscow Bar Association "Yakovlev and Partners" Igor Dubov, with mortgage right to appeal to the court arises from the creditor after three arrears in the past 12 months, but the contract may be otherwise provided for - even a delay for any amount. When potrebkreditovanii question entirely governed by the contract.

"To refuse bail can only be by mutual agreement of all parties, if the borrower offers to replace another sponsor, but only until started having problems with payments. Still, there are circumstances which may release a guarantor from its obligations automatically. For example, the deterioration terms of the loan after the conclusion of the contract. "If the credit agreement amended, worsening terms of the loan, but agreed with the guarantor then it ceases to guarantee "- the lawyer. These include improving the deteriorating credit rates.

In addition, if the bank within one year from the date of default by the borrower obligations (out of the payment schedule) has filed a claim to the surety, the surety bond shall be terminated.
In Ukraine this problem is also becoming increasingly acute. More and more people are turning on this issue with a request legal advice and providing counsel .


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