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Limited Guaranty under Loan Agreement American Form

Limited Guaranty under Loan Agreement American Form

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(bright upbeat music) - Hi, my name is Lisa Sumner and I am a member of the Creditor's Rights Team here at Nexsen Pruet. In this video, I will talk about when a lender should obtain a loan guarantee from a husband or wife. The Federal Equal Credit Opportunity Act called ECOA for short, was enacted in the 1970s and is implemented by Regulation B. ECOA promotes fair lending practices by prohibiting creditors from discriminating in any aspect of a credit transaction on the basis of marital status or other personal characteristics, including sex, race, age, and national origin. ECOA applies to a business loans and loans made for personal, family or household purposes. The original motivation behind ECOA was to prevent discrimination against female loan applicants. For instance, the law was designed to stop creditors who refused to make loans to a married woman, unless her husband also signed a personal guarantee. The law is broad enough though, to protect spouses of any gender. The

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