Hi everyone,
I am new to these posts and hope I am not repeating an old post!
Here is my dilemma:
Myself and my partner took out a commercial property loan with bank in our personal names ( not a company) in the good old days!
Anyhow to cut a long story short ,we are in serious arrears.
They now are calling in the loan amount.
Our loan agreement states the security required on the loan was the site/house. If the bank repossess the property and sell it off at less than the amount owed , can they come after us for the shortfall in loan?
We did not sign personal guarantees at the time , but our advisor is saying that does not matter because the loan is in our personal names . I have read through the loan agreement and there is no mention of whether the loan was recourse or non-recourse loan? How can we tell which it is?
Is the collateral/security on the house the key factor in determining whether we may be chased for the rest of the debt ?
I would be delighted with an advise or assistance. Thanks