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The Personal Guaranty, Explained Honestly

06 October 2026 · SFR Capital

You borrow through an LLC, and then you sign personally. Investors sometimes find that contradictory, so it is worth stating plainly what it means.

What you are signing

A full recourse personal guaranty means that if the entity does not repay, the lender can pursue you personally for the shortfall — not only the property. The collateral is the first recourse; the guaranty is what stands behind it.

Why lenders require it

A single-purpose LLC formed for one property has no assets besides that property. Without a guaranty, a borrower's downside is capped at their equity while the lender's is not, and that asymmetry gets priced into every loan. Guaranties are one reason private lending is available at rates it is.

What it does not mean

It is not a prediction that something will go wrong, and it does not make the LLC pointless — the entity still separates this deal from your other assets operationally, and still keeps the loan on the business-purpose side of the line. It means your incentives and the lender's point the same way.

Read this part

Guaranties vary. Some are several guarantors jointly and severally, meaning any one can be pursued for the whole amount. If you are investing with partners, that is worth understanding between yourselves before closing rather than after — and it is the kind of question your own counsel should answer, not your lender.

Recourse, in practice

If a loan defaults, the lender's first step is the collateral. Florida foreclosure is judicial, which means a court process rather than an administrative one, and it takes months. If the sale produces less than is owed, the shortfall is the deficiency — and the guaranty is what allows the lender to pursue that from the guarantor rather than absorbing it.

Most loans never reach any of this. But the guaranty is what the pricing assumes, and understanding it is part of understanding why the rate is what it is.

Joint and several — the clause to read

Where there are several guarantors, most guaranties are joint and several. That means the lender may pursue any one guarantor for the entire amount, not a proportional share. If you and a partner each own half and the deal goes badly, you can be pursued for 100% and be left to recover half from your partner yourself.

That is not unusual and it is not a trap — it is standard. But it is worth agreeing between partners, in writing, how a shortfall would be shared, because the guaranty itself will not do that for you.

What is usually NOT in a short-term guaranty

These vary and should be read rather than assumed, but commonly a guaranty does not require a personal financial statement, does not create a lien on your other property, and does not survive repayment. It becomes relevant only on default and it ends when the loan is repaid.

Questions worth asking before signing

These are questions for your own attorney. A lender can tell you what its documents say; only your counsel can tell you what they mean for you.

Why it is not a red flag

A single-purpose LLC formed for one property has no assets besides that property. Without a guaranty, the borrower's downside is capped at their equity while the lender's is not, and lending priced for that asymmetry would be considerably more expensive. The guaranty is one of the reasons private capital is available on these terms at all.

The clauses worth reading before you sign

What it means in practice

For a deal that performs, nothing. The guaranty sits in the file and is released at payoff. Its function is to align a sponsor with the outcome, which is a reasonable request from someone lending most of the money against a property they will never see.

Whether to negotiate it

Sometimes. A capped or carve-out guaranty is a fair ask on a low-leverage deal with an experienced sponsor. Asking for no guaranty at all on a seventy-five per cent loan to a first-time borrower generally is not. Ask early, and ask specifically — a request for a defined cap is a conversation, a general objection to the concept usually is not.

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