Some loan programs involve the participation of a third party in the transaction, which is the guarantor. It may not even be one, but several people who vouch for the borrower. The presence of a guarantor may be a prerequisite for obtaining a loan, or the involvement of a third party is carried out at the request of the borrowers.

Why do you need a loan guarantor?

Most often, it is required when applying for a loan product with a large limit. For small amounts, a guarantor is usually not required. For both the borrower and the bank, the guarantor has a certain role:

1. For a bank. This is an additional money back guarantee. If the borrower fails to fulfill its obligations under the loan agreement, the bank has the right to turn the collection process on the guarantor. Thus, the bank receives more guarantees that the funds will be returned, and the lender himself will receive income. This is especially true now, when, due to the debt load of the population and the growth of overdue debts, banks prefer to play it safe.

2. For the borrower. He gets a better loan offer. Due to the presence of a guarantor in the transaction, the bank gets more chances to get its money back along with interest, the risk of default is reduced. And since banks include their risks in the interest rate, in this case it will be lower than under similar programs, but without the involvement of a guarantor. In addition, the borrower can count on a higher credit limit.

What is a guarantee?

A guarantor is a person (people) who vouches for the borrower, or rather, that he will comply with the terms of the loan agreement and pay monthly payments on time. In this case, the guarantor takes responsibility for paying the debt. In case of violations of the borrower, the bank turns to him specifically so that he pays the debt for the main borrower.

The guarantor is present at the conclusion of a loan agreement between the bank and the borrower, while at the same time a guarantee agreement is concluded between the bank and the guarantor. The guarantee agreement must specify the data of the main borrower and what obligations the guarantor undertakes.

Who can become a guarantor?

Banks put forward certain requirements for them, so not everyone can suit a lender as a guarantor. it is subject to exactly the same requirements as to the main borrower. So, it can only be an adult citizen, most often who has reached the age of 21-23 years. He must be employed, and his income must be enough to pay off the debt if the borrower does not repay the loan. This can be any individual, but banks give preference to the relatives of the borrower. A legal entity can also act as a guarantor, if the conditions for issuing a loan from a particular bank allow it.

The guarantor provides a certain package of documentation specified by the bank. It usually looks like this:
- passport;
- a secondary document (rights, passport, TIN, SNILS and others);
- certificate of income from the place of work. It is desirable that this be official, but some banks allow the provision of a certificate in the form of a bank. If there is an additional source of income, then it can also be confirmed by any documents;
- a copy of the work book certified by the employer. It is allowed to replace it with a copy of the employment contract.

Each bank is individual in its requirements for the guarantor and its documentation package, so it is impossible to talk about a single standard. When collecting certificates, it should be borne in mind that they have a limited validity period. It could be two weeks or a month. It is better to collect documents at the same time as the borrower. If several guarantors participate in the transaction, then a set of documents is required from each.

Obligations of the guarantor for the loan and types of guarantee

As already mentioned, the guarantor undertakes to pay off the creditor instead of the borrower, if for some reason he stops paying the debt. But exactly how this will happen and when the claimants turn their attention to the guarantor depends on the type of guarantee and responsibility.

1. Joint responsibility. In this case, the guarantor bears exactly the same responsibility for repaying the loan as the borrower himself. As soon as the main debtor committed a violation in the payment, delayed the payment, the guarantor begins to be disturbed immediately. The entire collection process is sent immediately to both participants in the transaction, representatives of the bank's collection service and collectors will also go to the guarantor. In the future, the bank sues the guarantor and the borrower immediately, then the bailiffs, after the entry into force of the decision, will collect the debt from both the guarantor and the borrower.

2. Subsidiary liability. In this case, the bank turns to the guarantor only if all attempts to collect the debt from the debtor were in vain. If he does not have the funds to pay off the debt, or he completely disappeared from sight.

It is clear that for the guarantor, subsidiary liability is more painless, but banks still practice joint and several liability more often, because it is more reliable for the creditor, funds can be collected much faster. But in any case, the guarantor will be liable if the borrower does not repay the loan. At the same time, liability involves the collection of the principal debt, as well as interest and fines accrued for the entire period of collection and non-payment of the debt by the borrower. That is, the guarantor must pay in full what the borrower cannot return. The legal costs of the bank (collection agency, if the debt is sold) are also subject to compensation.

Credit guarantor's rights

In addition to a large burden of responsibility, the guarantor, according to the law, is endowed with a number of certain rights. The bank has the right to recover from the guarantor the debt on the loan, but if the guarantor has made a payment on the loan, then the rights of claim are transferred to him. That is, the guarantor closes the debt, but after that he has every right to go to court to direct the recovery to the main borrower.

To do this, after repaying someone else's loan, you need to contact the bank, which will issue the guarantor with a document that he has repaid the debt, and you should also take all the documents related to this loan agreement from the bank. Now the guarantor has the right to demand money from the borrower, so the bank does not have the right to refuse to provide him with a package of documents.

On the basis of these documents, independently or with the involvement of a lawyer, you should draw up a statement of claim and send it to the court. But the fact is that since the money was taken from the guarantor, it means that the bank has already tried to collect the debt from the main borrower, and it did not work out. So, you have to be patient to get your money back.

There are a number of situations when a bank loses the right to demand payment of a debt from a guarantor. Namely:
- the bank, without the knowledge of the guarantor, transferred the debt for collection to third parties. That is, if he sold the debt to collectors. This action is illegal, the bank is obliged to warn about the transfer of the debt. If an illegal act has been committed, the guarantor may relieve himself of the obligation to pay the debt;
- if the bank has changed the terms of the loan without notifying the guarantor. The situation is similar to that indicated in the first paragraph;
- the principal borrower has died;
- the period specified in the surety agreement has expired.
In these situations, the guarantor can go to court and relieve himself of the burden of paying someone else's debt.

Credit history of the guarantor

A guarantee also threatens to damage your credit history. Since the guarantor is responsible for paying off the loan debt to the bank, this information is reflected in the citizen's credit history. If the debt is overdue, and the guarantor is in no hurry to close it instead of the borrower, then this is indicated in the dossier, which is stored in the BKI. The credit history deteriorates, in the future it will be very difficult for the guarantor to get a loan for himself (read more about what a bad credit history is fraught with). So, you should pay close attention to this aspect.

The difference between a guarantor and a co-borrower

Citizens often mistakenly consider these words as synonyms. But this is not true, although the guarantor and co-borrower have often identical duties, they have completely different rights. The guarantor, we can say that he has no rights. He does not receive credit funds, but he has a mountain of responsibility. He does not receive any benefits from participating in the loan application at all.

And the co-borrower shares with the main borrower not only the rights to repay the debt. He has exactly the same rights to the subject of the loan itself. Most often, co-borrowers are involved with a targeted loan, subsequently they have the same rights as the borrower to the property that was acquired with the loan funds. The guarantor does not have such rights.

Before agreeing to act as a guarantor, it is worth thinking ten times whether you need it. The guarantor has nothing, but at the same time assumes the obligation to pay a completely foreign loan. And given that the guarantee is usually used with large credit limits, then there is a large credit risk.

In case of non-payment of the debt on the basis of a court decision, the same measures can be applied to the guarantor as to the main borrower. This is a deduction from salary of up to 50%, arrest of bank accounts, seizure of property and restriction on travel outside the country (we strongly recommend that you read about). Think about whether it's worth the risk. Be sure to analyze the financial condition of the person who asks you to act as a guarantor.

Quite often, when applying for a loan, borrowers are faced with a situation where their own income is not enough to obtain the required loan amount. In this case, banks usually recommend attracting loan guarantors, promising customers lower interest rates, reduced commissions, and other bonuses.

From the point of view of a financial organization, the involvement of guarantors is beneficial, since it reduces its risks. But on the part of the majority of citizens, the guarantee is still perceived as nothing more than a mere formality that does not require anything from them other than the recommendations of the borrower. How true this is, what is the responsibility of the guarantor for the loan, and how to insure yourself against trouble by deciding to take such a step - we will try to figure this out in our article.

Who is a loan guarantor

The law defines a guarantor as follows: guarantor- this is a certain citizen or organization of any form of ownership, which is responsible to the bank for the timely and complete fulfillment by the borrower of the obligations imposed on him by the loan agreement. All the nuances of the guarantor's relationship with the bank and the borrower - terms, responsibilities, rights and obligations - are prescribed in a special guarantee agreement, which comes into force immediately after signing by all parties.

If the borrower needs 2-3 guarantors to apply for a loan, the corresponding agreement is signed with each of them. In this case, any guarantor is fully responsible to the lending institution.

Important! According to the requirements of the legislation (Article 361 of the Civil Code of the Russian Federation), guarantors do not have the right to claim funds received by the borrower in the form of a loan, as well as property acquired at the expense of these funds. However, in case of delay in payment or refusal of the borrower to repay the loan, it is the guarantors who will be responsible to the bank for this loan at the expense of their own property.

Who can be a loan guarantor

Requirements for guarantors vary depending on the bank and the specific loan product that the borrower wants to use. As a rule, the main points that a credit institution pays attention to are:

• age– not less than 18 years old at the time of receiving the loan and not more than 65 years old at the time of expiration of the loan agreement;
• citizenship of the Russian Federation, the presence of registration in the territory of Russia or the region of the bank;
• having a steady income for at least six months;
• good credit history.

Everything else is at the discretion of the bank. So, some financial institutions do not allow close relatives and spouses of the borrower to guarantee, while others, on the contrary, necessarily register spouses as co-borrowers. Specific requirements for a loan guarantor should be found out in the organization in which you intend to borrow.

Important! Despite the difference in requirements, the obligations of the guarantor remain unchanged, regardless of the creditor bank and the loan product purchased by the borrower. They are governed by the Civil Code of the Russian Federation, which is strongly recommended to study before agreeing to act as a guarantor for anyone.

Responsibility of the guarantor and possible risks

A guarantee agreement may provide for one of two types of liability. The first one is joint responsibility- assumes the equality of obligations of the guarantor and the borrower. In this case, the bank may impose sanctions on the guarantor at the first delay in the payment of the next installment by the borrower. Responsibility of the second type - subsidiary- occurs only when the borrower is unable to continue to fulfill his loan obligations, and this fact has been proven in court.

Important! As a rule, for most banks, by default, the suretyship agreement provides for joint and several liability.

Thus, in case of violation by the borrower of the terms of the loan agreement, the bank has every right to require each guarantor to perform the following actions:

• pay the principal amount;
• repay the interest on the loan;
• pay all fines and penalties;
• pay the bank's legal costs.

Debt repayment can be carried out both at the expense of cash, in cash and non-cash form, and at the expense of the property of the guarantor. Only real estate can remain inviolable, and then, if it is the only housing of the guarantor and acquired by him in a mortgage. Otherwise, the rights of the bank are not limited: it can not only seize any property, but also freeze the accounts of the guarantor, and oblige his employer to transfer part of his salary to repay the loan debt (no more than 50%).

Important point - the responsibility of the guarantor in case of non-payment of the loan by the borrower remains even in the event of death. If the guarantor dies before the end of the loan term, his obligations pass to his heirs. True, the bank does not have the right to touch the latter until the date they enter into the inheritance, that is, within six months after the death of the testator. This once again proves that the guarantee is a rather risky step that can spoil the life of not only you, but also your loved ones.

Pitfalls of guarantee

In addition to financial risks, the guarantor, in case of bad faith of the borrower, gets a damaged reputation. This is not about the opinion of friends and acquaintances, but, corny, about credit history. The presence of delays in payments from the borrower is also taken into account in the credit history of the guarantor. Even if you pay your own debts in full, the negligent attitude of the person for whom you act as a guarantor for a loan can make it very difficult for you to get loans in the future.

But even in the event that the borrower makes all payments on his loan in good faith, you may encounter difficulties in obtaining a loan. While the guarantee agreement is in effect, your credit limit will be assessed by any bank, taking into account obligations under this agreement. That is, the amount of the monthly payment on the loan where you act as a guarantor will be automatically deducted from your income, and the bank will determine the possible amount of the loan for you based on the remaining funds. If the need for a loan is critical, you can remove yourself from the status of a guarantor, but this will require not only the consent of the borrower, but, first of all, the consent of his lender.

Duration of the guarantee

How long do the obligations of the loan guarantor last? This is determined by the surety agreement or the civil code. Usually, the contracts specify a clear term coinciding with the term of the loan agreement. But exceptions are also possible, in which one should be guided in determining the duration of the guarantee by the Civil Code of the Russian Federation.

1. If the contract does not specify a term, the suretyship is terminated in the absence of claims from the bank against the surety within a year from the date of payment.
2. If the payment term is not specified in the contract, the obligations of the guarantor end after two years, provided that during this period no claims were received from the bank against the guarantor.
3. If the bank changes the terms of credit without notifying the guarantor and obtaining his written consent, the guarantee is terminated automatically.
4. If the organization acted as the borrower, and it is liquidated, the obligations of the guarantors end.

The statute of limitations for such cases is three years - this is important to remember.

Also, the obligations of the guarantor are considered completed in the event of a change in the borrower on the loan. This can happen for various reasons, but most often - in the event of the death of the borrower. Credit obligations in such a situation are transferred to his heirs, that is, they become new borrowers, and the guarantor can consider himself free. It is important to understand this, because banks often try to keep the guarantors on the loan and invite them to sign a new liability agreement on the outstanding loan, presenting this action as a mere formality. Remember, you are not required to sign such a document, and no one can force you to do so.

Important! If the spouse of the borrower acted as the guarantor, his obligations remain even after the dissolution of the marriage.

How to mitigate the liability of the guarantor

So, if you are a guarantor for a loan, the responsibility in case of non-payment by the borrower of the due contributions falls on you. What should be done first of all if the bank starts making claims against you? First of all, you need to try to find the borrower himself and find out his financial situation. If payment delays are associated with temporary financial difficulties, and in general your loan partner does not refuse his obligations, try to help him solve the problem as much as possible. You can find him a job or a part-time job, or pay the necessary amount to the bank for him (this, after all, is your responsibility as a guarantor).

Important! Even in the case of a one-time payment to the bank of a contribution, instead of the borrower, try to obtain a document confirming that the contribution was made from your funds - a receipt, receipt, etc.

If it is impossible to help financially, go together with the borrower to the bank and talk with the loan manager. Today, credit organizations are ready to help their customers cope with late payments. You can agree on a loan holiday, a small deferral or refinancing of the loan. Naturally, these negotiations should take place with the participation of the borrower.

The borrower has disappeared from sight and deliberately neglects his payment obligations, and you have a guarantee for the loan - how to avoid liability in such a situation? Start with a visit to the bank. To get started, check with the credit manager the specific requirements of the financial institution for you, find out the exact amount of debt. All this information must be supported by relevant documents.

Further, if you have such information, tell the bank where you can find a borrower or how you can collect a debt from him. Often, citizens have unofficial sources of income, hidden property, etc. Also, try to write an application for debt restructuring or at least deferment of payments. All this, among other things, will help you buy time to solve the problem and convince the bank of your trustworthiness.

Important! Remember that the bank has every right to require you to repay a loan taken under your guarantee. Therefore, do not conduct a dialogue aggressively, try to talk in a constructive manner, clarify all possible options for yourself and suggest an alternative to the bank.

If you have received a reprieve, you can try the following:

• find the borrower and hold him accountable;
• challenge the guarantee agreement in court;
• get rid of the property you have by re-issuing it to a trustee;
• get rid of official income.

These actions will reduce your property risks. In addition, remember that any property acquired by you during marriage is considered joint property, and cannot be seized by the bank to pay off the debt in this case. Try to collect documentary evidence of the timing of the purchase of the most valuable and large properties.

Rights of the guarantor

In addition to a huge number of obligations, a suretyship agreement provides you with a rather important right. In accordance with it, you, in fact, become the lender of the borrower. When paying his debts, even if in a small amount, for example, in the amount of one payment, you have the right to recover your own costs from him. That is why, even with good relations with the borrower, any assistance to him in repaying the loan must be documented. If the borrower has disappeared from sight, but he has some property left (car, real estate, etc.), you can sue them in your favor after you deal with the bank. This will help cover the costs incurred, moreover, the presence of the borrower himself is not necessary for such a court.

In order to provide additional security, credit organizations put forward a requirement to attract guarantors to the loan, who would share financial responsibility with the borrower for repaying the loan in full on time.

Meanwhile, it is very difficult to find a person who would undertake obligations. As a rule, a loan guarantee is issued to the closest relatives and relatives, who are ready, if necessary, to financially support a debtor who has fallen into difficult life circumstances. Otherwise, there is a high chance that the borrower will refuse to pay the debt to the bank and disappear, and all obligations will be transferred to the guarantor.

Requirements for a guarantor

Like borrowers, guarantors must also be vetted by the bank for compliance with certain requirements.

To determine what a “guarantor” is, you need to familiarize yourself with the list of basic requirements for this category of persons:

1. Citizenship of the Russian Federation.
2. Registration at the location of the bank branch to which the borrower applies.
3. Established capacity.
4. Age over 21 years old. Most often, a guarantee agreement is concluded with persons under 35 years of age.
5. Having a steady income or owning property. The amount of income and financial situation of a citizen should allow to ensure loan payments in case of non-repayment of the debt by the main borrower. The Bank will also consider the list of property among movable and immovable property.
6. Positive credit history.
7. The work experience as a whole should be more than 1 year.
8. Duration of work at the last place of employment - from six months.

In order to preliminarily assess the possibility of using a particular candidate as a guarantor for a loan, you can check whether the capabilities of a particular person correspond to the required parameters of the bank. However, the exact conclusions of who can become a guarantor are made only by the bank, which will take into account the entire set of parameters of the candidate. Since the main requirement is a high level of solvency and security of a person, the bank requires a certificate confirming the amount of income or salary. Ultimately, who is the guarantor, each bank determines individually.

Determining the area of ​​responsibility, it is necessary to proceed from the provisions of Art. 363 of the Civil Code of the Russian Federation, according to which an equal degree of responsibility is established for the repayment of a loan on the conditions specified in the agreement.

A special agreement is concluded between a credit institution and an individual, the general meaning of which is that the person will be obliged to pay fines, penalties, commissions, and make monthly payments if the debtor ceases to fulfill his obligations.

The responsibility of the person who became the guarantor of the loan is large enough to hastily agree to support the borrower in obtaining a loan.

1. Assess your financial ability to repay a loan in a situation where the borrower refuses to pay, and the guarantor's solvency is deteriorating.
2. Carefully study the clauses of the loan agreement, in particular the obligations of the guarantor for the loan and the borrower, including financial obligations (interest rate, late fees, actions in force majeure situations, etc.).

Before making a commitment, a candidate for a bank guarantee must understand that participation in a credit relationship is not just visiting a branch and signing a certain set of documents, but also full financial responsibility for the loan amount. The implementation of a negative scenario can lead not only to the loss of own funds, but also to unpleasant situations with collectors and bailiffs.

The involvement of the person who vouched for the borrower in debt financing begins from the moment the first delay occurs. When the debtor is unable to service the loan debt or simply refuses to pay the fees, in accordance with paragraph 2 of Art. 363 of the Civil Code, the creditor requests to fulfill financial obligations instead of the borrower himself.

A lending institution may do the following:

1. On behalf of the bank, a demand is sent to the guarantor for payment of the financial obligations of the borrower. The notice form should indicate the total amount of the debt, the repayment period, and other important information on the loan.
2. If the borrower refuses to return the amount taken from the bank, it is possible to unilaterally debit funds from the guarantor's account without agreeing with him on the fact of debiting and the amount. Such a measure should be specified in the signed contract.
3. The creditor has the right to file a lawsuit in court to recover the required debt from the borrower and the guarantor at the same time. After a court order is issued, collection of funds to pay off the debt, including the sale of real estate or vehicles, is possible.

In addition to material obligations, you must perform the following actions during the entire loan period:

• transfer information about the change of passport, name, address;
• inform the creditor about the conduct of proceedings in a criminal or civil case, as a result of which the property of a person is subject to arrest;
• transfer to the bank information about events in personal life that adversely affected the solvency of the guarantor;
• submit any documents at the request of the bank.

Other requirements may also be established that must be met at the request of the credit institution.

Participation in the loan entails not only the obligations of the financial and non-financial plan. A person can exercise his rights as a guarantor under the loan agreement and when closing the loan.

Exercise of rights at the time of the contract

A person acting as a guarantor for a loan has the right to carry out the following actions:

1. Examine all documents that appear when signing a loan agreement.
2. Find out the terms of lending on the basis of the contract.
3. The guarantor, equally with the borrower, may apply to the lender with a proposal to amend the clauses of the agreement, based on the provisions of applicable laws.
4. Request information about how the debt repayment process is proceeding and what is the amount of the balance.
5. Contact the bank with requirements if the borrower's guarantors believe that their rights have been infringed. If the contract states that the person is financially responsible only for the payment of the debt, the main body of the loan, interest, penalties.

If the client refuses to fulfill his financial obligations, his guarantor has the right to demand restructuring from the bank.

Do not underestimate the guarantee agreement - if the guarantor has repaid all the debts formed to the credit institution, the agreement terminates, and the payer has the opportunity to demand the return of the funds paid by the borrower through the court.

As part of the implementation of the court order, the bailiff will be able to forcibly recover the necessary funds under the writ of execution. In addition to the principal debt, interest, you can claim compensation for all costs incurred in the performance of the terms of the loan agreement.

The guarantor may apply to the court at any time during the exercise of his obligations. To file a claim, you will need to attach copies and originals of documents evidencing the full payment of the debt and the absence of debt (certificate of full payment of the debt by the guarantor and loan agreement, real estate mortgage, payment certificates).

Deliberate evasion of the client from payment and ignoring SMS notifications about the need to repay debts give the guarantor the right to challenge any decision of the creditor.

The peculiarity of participation in loan relations lies in the absence of the right of the guarantor to the funds received by the borrower with the simultaneous obligation to pay the loan in the event of a debt. Financial obligations must be fulfilled, regardless of what reasons served as the basis for the formation of debt. At the same time, if the borrower retains in the eyes of the bank the right to apply for restructuring, revising the terms of the loan to more favorable ones, such a service almost does not apply to the guarantor.

In addition to the trouble of having to pay off a debt for another person, another negative consequence will be the deterioration of the credit history of the guarantor himself. Even if the bank approves the loan application for such a person, the loan amount will be less. It will also not be possible to hide information about the guarantee - it is visible in the general database and is provided to the credit institution upon request.

Subsidiary or joint and several liability

According to Art. 363 of the Civil Code, a loan implies joint and several liability. This means that in the absence of payment by the borrower, the person assumes financial obligations. If a delay is allowed, not only the client who took the loan, but also the guarantor can spoil the credit history. According to paragraph 2 of Art. 363 of the Civil Code, in addition to monthly installments, the guarantor is obliged to pay all penalties and fines for the resulting delay. If there are several guarantors, joint liability arises, unless otherwise specified in the agreement.

These are the conditions established by the current legislation, however, another procedure for claiming debt and assigning liability may be established in an agreement with a bank.

In some cases, the responsibility for the loan may not be imposed in full. This provision must be specified in the bank agreement. If the parties agree to bear subsidiary liability, the lender must provide evidence that the borrower is unable to repay the loan, except in cases of evasion. Only after providing evidence that the debt is not related to a simple unwillingness to return the funds taken from the bank, the bank can send a demand for payment to the guarantor. This requirement is sent on the basis of a court order, however, in the event of the loss of the borrower, the court may refuse to satisfy the claim.

When reading the text of the agreement, special attention should be paid to the type of liability for credit obligations. Unless otherwise provided in the clauses of the document, subsidiary liability applies.

One of the most unpleasant consequences is a damaged credit history and involvement in litigation when a client refuses to return funds to the bank. A lender facing default may give several months for the borrower to arrange a full repayment. If during this period the situation has not improved, the bank puts forward demands for payments on the loan to the guarantor. However, the guarantor finds himself in a more difficult position, because he will have to pay not only the debt on overdue contributions, but also the accrued fines and penalties.

Making claims against a guarantor is rarely practiced in reality. Most often, proceedings in court await for debts of a large amount. If the debt of the borrower is large, the credit institution can prepare a claim in 3 months.

The court, having considered all the circumstances, makes a decision. The judge may refuse to satisfy the claim, having listened to the arguments of the guarantor. However, in case of accepting the side of the creditor-plaintiff, the defendant is waiting for the recovery of the entire amount of the loan with penalties. If the defendant fails to repay the debt with personal funds, the court may initiate the sale of his property in order to close the debt to the bank.

Some people think that the suretyship agreement is signed "in a friendly way" and is a sweet formality, a kind of simple favor for a friend or relative. Unfortunately, in fact, this is not at all the case ... Everything is much more serious!

What is the responsibility of a loan guarantor? Is there any benefit in being a guarantor and in what cases is it possible to avoid paying a debt under a concluded agreement if a delay has begun? You will read about this and other nuances in the article below.

Who can be a guarantor?

The guarantor can be any capable person from 21 years of age who has a regular income or owns any property. Of course, the credit history should be without delays. Another important condition: citizenship of the Russian Federation and residence in the same region where the bank and the borrower are located. Banks' "favorite" age for guarantors and borrowers is up to 35 years. This does not mean that if you are older, you are no longer listed, but the chances of a positive decision become a little lower.

In general, the requirements and preferences of creditor banks in relation to guarantors are the same as to the borrower himself, therefore, if you are concerned about the question “Can I be a guarantor if there is a loan?”, The answer to it is yes. But when considering each specific situation, the final decision will be made individually and will depend very much on the solvency of the participants.

For example, about 40% of the monthly official income of the guarantor, if he has his own loan, must repay the monthly payment under his agreement and, in case of non-payment of the borrower, under the second agreement, where the person is the guarantor of the transaction. Of course, depending on the bank, the percentage from the example may change up or down, this is an approximate standard.

When is a guarantor required?

A guarantor is usually required for contracts with a medium or large amount, as well as when the borrower is older than a certain age. Usually this practice applies to people over 60 years old, but some banks are reinsured and do not issue loans without a guarantor to people over 45-50.

For amounts over 300,000 rubles, the creditor may require two guarantors. Then one of them should be someone close (preferably a spouse), and the second - a third person. With amounts from 500-700 thousand rubles, an additional requirement from the creditor bank in the form of collateral is possible.

Banks would be happy to conclude only agreements with a guarantee, since the risk of default in such cases is much lower. However, finding a person who agrees to make commitments and signing such tripartite agreements is a much more complicated procedure compared to a standard two-party loan form. Therefore, during times of economic recovery, the share of contracts without a guarantee falls, but during a crisis, the number of such contracts, on the contrary, usually grows. If you are planning to take a loan in 2019, then it is better to immediately talk to your relatives about agreeing to a guarantee. It is them that banks prefer to see as guarantors of the transaction, as the chances of paying the amount of debt in force majeure situations increase.

Guarantee or co-create?

Some people still confuse concepts such as guarantor and co-borrower. You need to clearly understand the difference between them:

1. Co-borrower has the same rights as the borrower. Hence the name. Equal rights and equal responsibility in case of late repayment of the monthly payment.
2. Guarantor- this is a person who is liable for the obligations of the borrower, but at the same time does not have any rights to money or things received thanks to the creditor, unless otherwise stipulated by the contract (for example, reward for risk and assistance provided).

Why is it unprofitable to be a guarantor?

As mentioned above, the guarantor has no rights to the funds received by the borrower, or the purchases that he made with them, but in case of non-payment or delay in the debt, he is obliged to repay the loan or current installment in full. This must happen regardless of the reason for non-payment: financial difficulties, health difficulties or death. In some emergency cases, the bank may make concessions to the borrower and, for example, reduce the monthly payment, but such concessions are made less often for the guarantor.

Full or partial responsibility for repaying a loan is not the only problem that a guarantor may face. Difficulties arise with other related issues.

For example, do you think a guarantor can take out a loan? Theoretically, of course, yes. In practice, this will be quite difficult and the final amount will most likely be less than the requested one, since when making a decision on issuing a new loan, the lender bank will take into account all the risks, including the risk of non-repayment of the previously concluded agreement by the borrower. It makes no sense to hide the fact that you are a guarantor, since this information is in the general database and will be known to the lender after a corresponding request.

Another possible unpleasant disadvantage of participation in the surety: damaged credit history if the borrower at some point, whether intentionally or not, fails to deposit the loan payment on time. This reduces the chances of all participants in the transaction to receive any type of loan in the future in this bank, and maybe even in several.

Subsidiary or solidary?

The guarantor may be responsible for the borrower's loan in full or only in part. Banks, of course, prefer to prescribe joint and several (full) liability in contracts, as this guarantees the full payment of the loan amount, interest, fines and penalties. If subsidiary liability is indicated in the agreement, the creditor bank, before requesting repayment of the debt by the guarantor, is obliged to prove that the borrower not only evades paying the loan amount, but does not have the ability to repay the loan at all. This is done through the court, so there are situations when the court decision is not in favor of the creditor. This can be for various reasons, but the most common is the loss of the borrower.

Pay attention when signing the surety agreement! If the form of responsibility is not prescribed there, then by default it is subsidiary.

Obligations of the guarantor

The main obligations of the guarantor for the loan are always spelled out in the contract. With regard to financial obligations, this primarily depends on the type of guarantee - subsidiary or solidary. But besides this, other mandatory items are usually added for the guarantor. For example:

• inform the lender about changes in the main documents. First of all, of course, in the passport and address of registration and actual place of residence, contact details of one's own and the borrower;
• report negative events in the life of the borrower that may affect its solvency;
• inform the bank about the initiation of a criminal case or legal proceedings against the person who received the loan;
• presentation of documents upon request from the creditor bank.

Rights of the guarantor

It may seem that the guarantor is completely insecure, because he usually does not have any benefit from the transaction he guarantees. However, this is not quite true. Firstly, when signing a loan agreement, an additional agreement on remuneration for the guarantor may be signed. This is extremely rarely practiced, since this is not accepted between relatives, namely, they are advised to choose as a guarantor of the transaction. Secondly, an additional agreement can be signed, which clearly defines the scheme for the return of funds by the borrower after their payment by the guarantor of the transaction. So the rights of the guarantor for the loan are fully protected and a person can count on the return of the entire amount paid by him for the debtor.

In addition to the above, the guarantor may require the bank to provide documents that confirm the transfer of the rights of the creditor to him after the full repayment of the loan. Even if during the transaction no additional agreement was concluded between the guarantor and the borrower, these papers will be enough to claim damages through the court. Unfortunately, very rarely the guarantor returns his funds paid as debt repayment.. If things were somehow different, then the guarantor simply did not reach the requirements for a return: creditor banks are usually very persistent in trying to return their funds along with interest from the borrower, so if they fail, then the guarantor's chances are extremely small.

The guarantor of the loan agreement has the right to make the same claims against the bank as the borrower himself. In particular, this usually concerns violations of the terms of the loan or consumer rights. Even if the borrower recognizes the right of the bank to demand repayment of the loan, the guarantor may have a different opinion on this matter and defend it in court.

Litigation

If the borrower does not pay the loan, what should the guarantor do? If credit history is important, then you will have to carefully pay off someone else's debt. If the guarantor refuses to do so, then the bank gives several months to improve the financial situation of the main borrower and only after that makes demands on the guarantor. Such a wording about “time to adjust” is very conditional, since interest, fines and penalties will still accrue.

Practice shows that the requirements to pay the debt under the loan agreement are extremely rarely presented to the guarantor. However, if this happens, then the amount is quite large, since the appeal to the court follows 3-5 months after the overdue payment. Thus, the guarantor is presented with an invoice for repayment of several monthly payments, fines, interest and penalties.

A court decision can be made both in favor of the creditor bank and in favor of the guarantor. But if the balance is on the side of the creditor, and the guarantor has nothing to pay off the amount of the debt, it is possible to sell his movable and immovable property through an auction. Of course, only if otherwise is not provided by the contract.

Termination of guarantee

When do the obligations under the surety agreement end? There are only a few cases:

• closing the loan agreement;
• if the terms of one of the contracts have been changed without the consent of the guarantor;
• in the event that the creditor bank refuses to accept the conditions signed by it for the fulfillment of obligations;
• upon the expiration of the deadlines for the termination of obligations;
• if the creditor has not filed a claim for payment of debt on the loan by the guarantor within a year;
• with the consent of the borrower and lender. This is possible if another guarantor is found that suits all parties.

A separate story with the heirs of the guarantor. If they entered into inheritance rights before or at the time of filing a claim for reimbursement of a debt under the contract, then these obligations pass to them. But they pay for them within the limits of inherited sums of money and property.

Video: What is a guarantee and why is it dangerous?

1. The only way to avoid all the risks of the guarantor is not to sign this agreement. Surely you are afraid of ruining your relationship with the person who asks you about it, but if in case of refusal this can happen, or maybe not, then in case of problems with repaying the loan, the probability of terminating any good relationship is 99%!
2. Try to insist on subsidiary liability under the surety agreement.
3. Before signing any documents, read their full package. Including carefully review the contract of the borrower. Particular attention should be paid to the financial part (amount, interest, monthly payment, interest, possible fines), as they can directly affect you.
4. Your signature must be on every page of the guarantee agreement.
5. Never sign blank sheets!
6. Keep your copies of the contract until its final repayment.
7. After paying off the loan, take a certificate from the bank about its repayment.
8. Refuse the guarantee if you plan to take a loan yourself in the near future. When considering your application, someone else's contract, under which you are the guarantor of payment, will be counted as your own loan.

Often, in order to obtain a loan, borrowers are required to invite a guarantor. Often this happens if your income is not enough to get a loan. In addition, it reduces the risk of not returning money to the bank. Who can be a guarantor is described in the article.

concept

A guarantor is a citizen or an organization of various forms of ownership, which is responsible for the timely fulfillment of obligations by the borrower. The subtleties of cooperation between the parties are specified in a special agreement, which takes effect immediately after signing. To obtain a loan, the borrower needs 2-3 guarantors. The document is signed with each of them. Each guarantor is considered liable to the creditor.

According to the norms of the law (Article 36 of the Civil Code of the Russian Federation), guarantors cannot claim funds issued by the borrower, as well as property purchased with this money. But in the event of a delay in payment or refusal to repay a loan, it is this person who becomes responsible for this. Each bank has rules about who can be a guarantor.

Requirements

Who can be a guarantor? Requirements vary by bank and loan program. It is usually important to comply with the following nuances:

1. Age - not less than 18 years and not more than 65 years.
2. Citizenship of the Russian Federation.
3. Have a steady income for at least 6 months.
4. Positive credit history.

These are the basic requirements for who can be a guarantor. The bank may take into account other nuances. Typically, institutions require a certificate of income of the guarantor and other documents. Some financial institutions do not allow the involvement of close relatives and spouses, while others, on the contrary, give consent only to them.

It is unlikely that they can accept a guarantor with a bad credit history. Requirements must be found out at the banking institution where you want to apply for a loan. Although they may differ, the duties remain the same. This area is regulated by the Civil Code of the Russian Federation. First you need to familiarize yourself with the rules of the law before entering into a transaction. This will avoid many troubles. A loan without guarantors is a more convenient form, but it is not always provided.

Responsibility and risks

The guarantor of the loan has a responsibility, which can be of 2 types. The first is solidarity. Under it, the obligations are equal for the guarantor and the borrower. Then the bank has the opportunity to impose sanctions on the guarantor at the first delay in payments. The second type of liability is subsidiary, which occurs when it is impossible to fulfill obligations. This must be confirmed by the court. Contracts usually include joint and several liability.

Therefore, if the borrower violates the terms of the agreement, the bank may require the guarantors to perform the following actions:

• repayment of a debt;
• repayment of interest;
• payment of fines and penalties;
• payment of legal costs.

Debt repayment can be carried out with the help of cash or non-cash funds, as well as thanks to property. Real estate is considered inviolable if it is recognized as the only housing and bought by him in a mortgage. Otherwise, the bank's rights are unlimited: it can seize property, accounts, and also oblige to pay debts from wages.

The responsibility of the guarantor for the loan is not removed even at his death. If he dies before the end of the loan term, his obligations pass to the heirs. The bank cannot disturb the latter until the period of their entry into the inheritance. This confirms that bail is considered a risky move. It is easier to get a loan without guarantors, because not everyone agrees to such a deal.

Nuances

In addition to material risks, the guarantor, if the borrower is dishonest, receives a negative credit history. After all, delays will be taken into account by both parties. Even if your debts are paid in full, a surety can complicate things. These are not all the nuances.

Even if the borrower pays the loan in good faith, the guarantor may encounter problems in obtaining a loan. As long as that agreement is in effect, the limit will be taken into account based on it. If necessary, he can get rid of the status of the guarantor, but this requires the permission of the borrower and the lender.

Validity

How long do the obligations of a credit guarantor last? This is established by the contract or the Civil Code of the Russian Federation. Usually the document indicates a clear deadline. It usually coincides with the period of validity of the loan agreement. But there are exceptions when you need to take into account the duration of the guarantee under the Civil Code of the Russian Federation:

1. If there is no deadline in the document, the suretyship ends if there are no claims from the credit institution against the surety within a year from the date of payment.
2. In the absence of a payment term in the contract, the obligations end after 2 years, if no claims have been received from the bank during this time.
3. If the bank has changed the conditions without notifying the guarantor and his written permission, then the guarantee ends automatically.
4. When an organization is considered a borrower, but it is liquidated, the guarantee ends.

The limitation period is 3 years. Duties are terminated when the borrower changes. This happens for various reasons. But this usually happens after the death of the borrower. Credit obligations are transferred to the heirs. If the guarantor is a spouse, then the obligation remains after the divorce.

Mitigation of liability of the guarantor

It turns out that if the borrower does not make payments, the guarantor will be responsible for this. What to do if the bank began to make claims? You should contact the borrower and find out his financial situation. If the delay in payment is due to temporary difficulties, and the person does not refuse obligations, then you can try to help him in solving the problem. For example, to find a job or a part-time job, you can pay the amount for it.

Even with a one-time payment of the fee, you should take a payment document, as it will confirm the fulfillment of obligations. If there is no way to help financially, then you should visit the bank together and talk with the manager. Many credit organizations help clients in case of delays. It can be a loan holiday, deferment or refinancing of the loan.

If the borrower has disappeared, then you should visit the bank. It is important to find out about the requirements, the amount of debt. All information is supported by documents. Then you can tell the bank where to look for a borrower. It is possible to apply for debt restructuring or deferment.

If the deferment has been approved, you must do the following:

1. Find the borrower and hold him accountable.
2. Challenge the surety document in court.
3. Transfer property to trustee.
4. Make it so that there is no official income.

These actions reduce property risks. It is also worth exploring all the nuances here. It should be borne in mind that all property purchased during marriage is joint. Therefore, his bank cannot take to pay the debt. It is necessary to collect documents on the timing of the purchase of valuables.

Rights of the guarantor

In addition to obligations, the guarantor also has rights. On the basis of them, the person is considered to be the lender of the borrower. When repaying his debt, the guarantor can recover his costs. Therefore, all types of assistance must be documented.

If the borrower has disappeared, and he has property, then you can sue your share. This allows you to cover the costs. In addition, the presence of the borrower in this case is not required.

Conclusion

Thus, the guarantor is an important person when applying for a loan. It is important to think carefully before agreeing to conclude such a deal. After all, after this, a person acquires many responsibilities.