John and Jay are college roommates. Jay is a finance officer with the Bank and earns $200,000 per year. John has just finished training as a Real Estate agent and is about to take a test to become a realtor. Jay and John decide that they would like to partner for purposes of starting a business that will buy and sell real estate.
Jay approaches his bank and requests a loan for purposes of purchasing a building for the partnership. The Bank president, who is a friend of Jay’s states it is a violation of bank policy to lend money to an officer of the bank. Jay says, “That’s okay, you can just lend the money to John, my partner and I will guarantee payment.” The bank President authorizes the Bank to forward $200,000 to John and John buys a building in his name. Please discuss the following issues:
a) What does the Bank want to do to secure its loan to John?
b) What real and potential interest does Jay have in the Building and why?
c) If no-one pays back the loan to the bank, can the bank sue Jay for the money?
d) If the Bank loan is not repaid and the Bank fires Jay as a result does Jay have any rights against the Bank?
Answer