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#1492435 - 01/10/11 05:05 PM Consumer Loan with Title in Business Name
TJones Offline
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TJones
Joined: Jul 2010
Posts: 79
If I have a loan to a consumer in the consumer's name & the title is in a business name, do I do a commercial security agreement or consumer security agreement? If I do a consumer s/a, I have the option to put it in the business name, will that work?

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Lending Compliance
#1492533 - 01/10/11 06:39 PM Re: Consumer Loan with Title in Business Name TJones
Rocky P Offline
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Florida
If the loan is for a consumer purpose - personal, family or household, it would be a consumer loan, no matter where it is booked in the bank.

The form for security agreement would probably be dictated by state laws.
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#1492785 - 01/10/11 10:08 PM Re: Consumer Loan with Title in Business Name Rocky P
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Correct. Commercial collateral does not change that the loan is a consumer purpose loan - use consumer documents.
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
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#1492797 - 01/10/11 10:23 PM Re: Consumer Loan with Title in Business Name Kathleen O. Blanchard
TJones Offline
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TJones
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Thank you MS Kaybee, that's what I thought, but just needed a second opinion!

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#1492799 - 01/10/11 10:24 PM Re: Consumer Loan with Title in Business Name TJones
Kathleen O. Blanchard Offline

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Of course, if it is something really exotic that needs special processes to perfect the bank's lien, you need to follow the law (and perhaps consult with commercial on the correct process).
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Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1565991 - 06/16/11 06:22 PM Re: Consumer Loan with Title in Business Name Kathleen O. Blanchard
Night Train Offline
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What other docs would be necessary? Hypothecation agreement from the entity named on the title?

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#1566075 - 06/16/11 07:50 PM Re: Consumer Loan with Title in Business Name Night Train
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Yes, the business needs to pledge the collateral so either a separate hypothecation agreement or a security agreement that allows for a third party pledge.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

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#1566261 - 06/17/11 02:15 AM Re: Consumer Loan with Title in Business Name Kathleen O. Blanchard
Night Train Offline
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Night Train
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Down South
Thank you! smile

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