I am in a defunct LLC and we took a loan out using our houses as collateral. Now that the loan is in default what can be done to protect my house?

Question Details:

I own 1/3 of the LLC. Will the bank split the loan so I can save my house. I have 2 weeks before a judgment is put on me and they start to take my house. I cannot pay the $380,000 that they are requesting. There are no assets as they were sold to a jobber and the proceeds did not cover the loan. I have not been active in the business for 2 years as the 2 previous owners thought they could make it work. I assumed about $300,000 in credit card debt that I have been paying the minimum on. The other 2 members were supposed to pay the bank loan and now have defaulted.

Asked 6/1/2010 under Business | 330 View(s) | More Legal Topics

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Business Law Answers

You should consult with an attorney, preferably one who could also help you with bankruptcy, immediately.

1) Exactly how much you personally are liable for under the loan (e.g. 1/3 or the full amount) will depend on the loan agreement--it is possible that you may be liable for the full amount, even though you are only a 1/3 owner.  A lawyer should examine the documents for you.

2) If the amount owed is sizeable, expect there is a reasonably good chance the bank will go after the collateral to satisfy it--that's why it wanted collateral in the first place.

3) If you have assumed $300k of credit card in addition to being liable on some or all of a bank loan large enough the bank wanted houses as collateral, you may wish to consider bankruptcy as an option.

4) You may be able to sue your co-owners if they have defaulted on their obligations, leaving you holding the bag, but if they have no or little assets or income at this point, even if you win, you could not collect.

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