Is it possible for my father to be a surety?
If you wish to become a guarantor for someone else’s debt, make sure you have enough security to cover the loan. If someone does not have anything and cannot find someone else to become surety for him, there is nothing wrong with his son being surety for him as long as he has enough to cover.
It is erroneous to suggest that one of one’s family members can be a guarantee for one’s safety. Rather, the guarantee must be someone who meets the requirements for being accepted for the function of the guarantor. So it can’t be one’s father or anybody else in one’s family unless they can supply anything (in exchange) that will cover his debts till they become due when he offers himself as a guarantor/surety.
Is it possible to rely on a family member as a surety?
If the applicant has no known banking references, a known family member can act as a guarantor to begin the loan application process. This, however, is entirely at the bank’s decision.
Yes, you can use any blood family as a guarantee for your loan, although it’s preferable if he or she has an excellent credit score (700+). Not every member of your family will agree to act as a guarantor on your loan application. Because this will be perceived as a dangerous and perilous situation for them, it is preferable if you do not exert any pressure on them.
Unless there’s something going on that makes it absolutely vital for someone else to step up to guarantee a loan or mortgage, the bank may allow blood relatives or friends to serve as guarantors on your loan application.
Even if they are willing to help, there doesn’t seem to be any reason why a family member should have to unless you are in grave financial problems with no apparent remedy. Otherwise, there isn’t much of a benefit to having someone else guarantee your loan while you’re seeking one. If your credit history and present financial situation are both in good standing, the lender shouldn’t need anything like this to approve your application.
Is it possible for sureties to be parents?
According to a recent court judgment in Pretoria, a parent who is serving as a guarantor for the payment of school fees and other financial obligations arising from the parent’s commitment to providing primary care for a kid should not be given a divorce decree.
The decision was made in response to a father’s request to have the bond he had signed earlier, which served as his sureties, revoked.
In this case, the respondent is not only one of the sureties on the surety bond, but he also pays school expenses for his young children…
Is your partner capable of being your safety net?
Any loan deal with a family member or friend might result in major implications for all parties involved if things don’t go as planned, for the reasons indicated in the previous article.
One of the issues is that, because most individuals find it difficult to come up with their half of the payment quickly and readily (especially as a deadline looms), the logical option appears to be to ask someone nearby for assistance. After all, who else would betray us so cruelly just because we require their services right now?
This situation appears to be distinct from other instances in which friends or family have disappointed us. Somehow, a family member or a friend becomes a “surety,” or someone who, under contract law, is responsible for another’s debt. Of course, you probably don’t think about it in those terms when you establish the loan agreement because everyone involved will be cautious and thoughtful in their dealings with one another.
Furthermore, if your spouse is assisting you in paying the tuition cost, asking him or her to sign something with you may never occur to you. After all, he/she has been there since the beginning, even when things weren’t easy.
Is your partner capable of being your safety net?
To successfully, lawfully, and validly pledge your property as a surety for another person’s obligation, you must first satisfy the following conditions:
- The first prerequisite is that the individual who is liable must personally petition for the dispensation of his estate. To put it another way, only a person with personality has the ability to commit himself by contract. Mortgages would become exceedingly difficult if corporations could be committed without having owners or directors who had personality because these obligations could not be enforced against them if they still exist but have ceased operations.
- Second, the person making the pledge should be the owner of the property being pledged. As a result, if the pledged property is encumbered or charged, the pledgor must first remove or eliminate the encumbrance before executing the suretyship contract.
- Third, there must be clarity regarding the major obligation’s due and demandable amounts. The creditor should have a precise understanding of the amount owed to him by his debtor. If it isn’t definite, there will be no foundation for a mortgage action, which is merely a form of security for money borrowed. (According to Black’s Law Dictionary)
- Fourth, the asset pledged must be real and existent; it cannot be an ideal, such as a future inheritance because something that has not yet come into being cannot have value with which to secure a debt, and so would provide no protection to creditors if they were allowed to take ownership of it.
- Fifth, the two contracting parties must be lawfully permitted to bind themselves; thus, authority from some competent person or body, judicial or extrajudicial, is required.
- Sixth, it must be clearly stated that if a loan is not paid on maturity, the creditor has the right to sell the pledged asset. There will be no foundation for a mortgage if he cannot do so without first going to court to determine the legitimacy or invalidity of the loan.
- Finally, in the event of the debtor’s insolvency, the creditor should have the right to sell even before maturity. There will be no foundation for a mortgage action if, upon his insolvency, the debtor cannot properly make an arrangement with his creditors without first going to court.
