Does taking this MCA relief deal require another confession of judgment or personal guarantee?

I am trying to get out of MCA trouble, not sign a worse contract. Before taking a consolidation or reverse consolidation offer, I want to know whether I have to sign another personal guarantee, confession of judgment, broad UCC filing, or ACH authorization. If those terms are in the new agreement, am I just giving the new company the same weapons the old funders have?

Posted by
Valerie H.
Answered

That is exactly the right concern. A relief product can still carry aggressive enforcement terms. Review the agreement for personal guarantee language, confession of judgment, UCC collateral, ACH authorization, default triggers, processor access, attorney-fee clauses, and assignment rights. If the new deal adds the same or stronger remedies without actually closing the old positions, it may increase your risk. Ask for the contract before underwriting is complete if possible, and have it reviewed before signing.

Matthew Elling
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