Skip to content
BOL Conferences
Thread Options
#1470224 - 11/18/10 09:58 PM Changing Due Dates on an Installment Contract
Ronnoc Offline
New Poster
Joined: Nov 2005
Posts: 20
Does allowing a customer to change the payment due dates on an installment contract constitute a modification and new disclosures?

Can a change for a due date be done verbally, no signature required?

Thanks.
Last edited by Ronnoc; 11/18/10 09:59 PM.
Return to Top
Lending Compliance
#1470365 - 11/19/10 01:47 PM Re: Changing Due Dates on an Installment Contract Ronnoc
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
A due date change is a payment deferment, payment deferments are governed by state law.

The change is a modification to your legal contract. Why would you consider a verbal modification?
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#1470373 - 11/19/10 02:14 PM Re: Changing Due Dates on an Installment Contract Dan Persfull
Ronnoc Offline
New Poster
Joined: Nov 2005
Posts: 20
I work for a servicer and the bank customer was wanting verbal. I don't think verbal is good, though, I had thought of a confirmation letter affirming a change as a possibility.

For such a change I prefer a signed agreement that at the very least that states that the original agreement is incorporated. Essentially, an addendum to the installment agreement.

This is regarding secured installment agreements.

Return to Top
#1470390 - 11/19/10 02:36 PM Re: Changing Due Dates on an Installment Contract Ronnoc
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
Quote:
For such a change I prefer a signed agreement that at the very least that states that the original agreement is incorporated. Essentially, an addendum to the installment agreement.


I agree 100%. Even when I worked for a finance company back in the mid to late 70's we required a signed form to change a due date.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#1470434 - 11/19/10 03:10 PM Re: Changing Due Dates on an Installment Contract Dan Persfull
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
Any change to the original contract should be formalized in writing and executed by both parties. Phone-call agreements will be disregarded if you have to sue for collection.
_________________________
...gone fishing.

Return to Top
#1470458 - 11/19/10 03:26 PM Re: Changing Due Dates on an Installment Contract Richard Insley
Ronnoc Offline
New Poster
Joined: Nov 2005
Posts: 20
Thanks, that confirms what I already believed. I appreciate it.

Return to Top

Moderator:  Andy_Z