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#1580718 - 07/20/11 09:34 PM Loan disbursement date
Utahn Offline
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Joined: Jan 2004
Posts: 8
I can't believe that I'm having to ask this question, but it has become an issue and I need some support....The question is:

On loans other than a line of credit, does the funds disbursement date need to match the original loan date?

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Audit
#1580993 - 07/21/11 03:39 PM Re: Loan disbursement date Utahn
rlcarey Offline
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Galveston, TX
Not unless required by State law. If the loan is subject to the right of rescission, disbursement will be at least three business days after the loan date. What context are you looking for?
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#1581128 - 07/21/11 05:19 PM Re: Loan disbursement date rlcarey
Utahn Offline
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Joined: Jan 2004
Posts: 8
While performing a credit operations audit, I have found a pattern of printing loan documents and then holding them until the signer(s) come in. Disbursements are then made which can be several days later. Sometimes the disbursements are backdated to the "original" loan date, sometimes not. One group says it's okay to backdate because that's the day that we committed the funds to the borrower. Another group says we can't charge interest until the funds are disbursed. I've tried to find guidance on state laws, but haven't seen anything yet.
Last edited by Utahn; 07/21/11 05:39 PM.
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#1581489 - 07/22/11 04:54 AM Re: Loan disbursement date Utahn
rlcarey Offline
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rlcarey
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Galveston, TX
Then you probably need to call your attorney.
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#1587202 - 08/03/11 08:19 PM Re: Loan disbursement date rlcarey
IAaudit Offline
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IAaudit
Joined: Mar 2003
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InternalAudit
Your date of disbursement should always be the date that the customer received the funds. Some loan systems will have two separate fields to capture both the date of the loan and the date of the disbursement. If your system does not have these parameters, then you would need to go with the date of disbursement to avoid overcharging the customer.

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#1587318 - 08/03/11 11:21 PM Re: Loan disbursement date IAaudit
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,393
Galveston, TX
"If your system does not have these parameters, then you would need to go with the date of disbursement to avoid overcharging the customer."

That would solely depend on State law and your loan agreement.
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