Liability of the Guarantor of Secured Indebtedness after Default and Repossession under the Uniform Commercial Code: A Walk on the Wild Side by the Secured Party

Abstract

A lender who obtains security for and a guarantee of its loan may mistakenly presume that recovery in the event of the borrower\u27s default is assured. As the authors point out, however, numerous pitfalls may await the unwary lender who attempts to secure repayment from the guarantor. This article identifies the problems involved, discusses their treatment by the courts, and makes recommendations for reducing the risks of costly mistakes