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#2123229 - 03/23/17 01:13 PM Dishonored Check Fee - Loans
ComplianceOK Offline
New Poster
Joined: Apr 2003
Posts: 16
Oklahoma
We are wanting to implement a dishonored check fee for loans. I know this is not covered by Reg Z since it is not an anticipated fee and have also researched the OK statutes. OK UCCC seems to allow for a $25 returned/dishonored check fee, but have a few questions on conditions of applying the fee:

1. Did the fee have to be included in the original contract in order to charge? If so, please provide the citation..
2. If not originally contracted for, can we apply the fee to existing loans (realizing we can alter our contract for go-forward loans)?
3. If we can apply the fee to existing loans, is a notification required? If so, what are the requirements of the notification?

Thanks in advance to anyone that responds!

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#2123252 - 03/23/17 02:25 PM Re: Dishonored Check Fee - Loans ComplianceOK
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
I don't think you will find a citation and you should be visiting with your legal counsel. But a closed-end loan contract is carved in stone and normally you can't change a closed-end contract without the consent of both parties, such as by adding additional fees, after the ink is dry. Someone needs to read your original contracts.
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