
Lenders often demand far more security than they need when a business borrower seeks a loan. While this may be a prudent and cautious lending strategy for banks, it can prove disastrous for a business borrower or guarantor who pledges personal collateral for the loan.
For example, a lender may ask for a deed of trust or mortgage on the business borrower's personal home in addition to a security interest in the business inventory, receivables or other intangibles of the borrower's business. It may also demand a guarantee by a corporate officer and insist on a deed of trust of the guarantor's house to secure the guarantee. In such situations, both the borrower and guarantor are at risk of losing their homes if the loan defaults....