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#212615 - 07/19/04 01:30 PM HELOC
Anonymous
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Can a check drawn against a HELOC be returned if the borrower has exceeded their line? Would that be a legitimate reason for return? Thanks!

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Lending Compliance
#212616 - 07/19/04 01:38 PM Re: HELOC
Andy_Z Offline
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Andy_Z
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I haven't worked with these, but it would have to be. Otherwise you'd have no lending limit imposed if you had to pay the check.
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#212617 - 07/19/04 01:56 PM Re: HELOC
Anonymous
Unregistered

It may also hinge on the HELOC agreement, and the discretion the lender has left itself to honor checks exceeding the limit. Some lenders will allow a one-time overdraw, or something similar.

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#212618 - 07/19/04 02:22 PM Re: HELOC
Anonymous
Unregistered

I'm the original Anon. Checks on a HELOC are a little different than on a checking account. The usual reasons for return - insufficient funds, fraud, signature, etc. - exceeding the credit line is not one of the normal reasons for return, so I want to make sure that if we needed to return it for that reason, it would be legal under UCC, Reg J. I suppose it could be termed insufficient funds...??? We're working on a HELOC product-trying to assess the risks... Thanks!

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#212619 - 07/19/04 08:58 PM Re: HELOC
Compliance Geek Offline
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We use the term "insufficient funds" for our HELOC product.
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