The Second of the Twin Dangers
| By:
Fellow GDREIA Members
The Second of the Twin Dangers
By Jeffery S. Watson, Esq.
In a previous email, I gave some cautionary advice and questions relative to a borrower signing a personal guaranty. These personal guaranties are frequently required in commercial lending environments wherein the main borrower is an entity such as a corporation or an LLC.
The second of the twin dangers is a cognovit promissory note. I realize that not all states recognize and permit cognovit promissory notes. Those states that do only allow them to be used in a business context; however, I have often seen real estate investors who are borrowing money for their business, or for a rehab or flip, willingly sign a cognovit promissory note without fully understanding what can occur. A properly formatted cognovit promissory note includes the warning language and agreement that the borrower will...
Continue Reading