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Banks can pursue loan guarantors if auctions fail
High Court says unsuccessful auctions of assets linked to loan defaulters do not bar lenders from enforcing personal guarantees once a principal borrower defaults.
High Court has ruled that banks may pursue loan guarantors where attempts to auction charged properties have failed, a decision that potentially widens lenders’ recovery options.
In the judgment, the Commercial Division held that unsuccessful auctions of assets linked to loan defaulters do not bar lenders from enforcing personal guarantees once a principal borrower defaults.