Kindly be informed that there were new changes in law relating to guarantee and mortgage to protect the guarantor and third-party mortgagor which will be effective as of 11 February 2015.
The key amendments to the guarantee law can be summarized as follows:
1. A guarantee can only be given for a valid obligation. Certain information is required in guarantee, e.g. amount of obligation, expiry date, etc.
2. A creditor must send a written notice informing the guarantor of a default by the debtor within 60 days from the date of default.
3. Certain provisions or agreements are void or invalid, such as;
• any provision requiring the guarantor to be liable as a co-debtor or jointly liable with the debtor; and
• any provision requiring the guarantor to still be liable even if the debtor's obligation is extinguished or reduced.
The key amendments to the mortgage can be summarized as follows:
1. The third party mortgagor must not be liable for an amount in excess of the value of the mortgaged property at the time of enforcement.
2. The mortgagor can ask the mortgagee to enforce the mortgage through a public auction, without any involvement of the court.