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#2196566 - 10/26/18 03:43 PM placing hold due to loan
Burgess Offline
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we have a past due loan customer - commercial loan.
loan officer wants to place a hold on the deposit account so that he can stop any attempt for borrower to use funds for anything other than running the business.
anyone ever run across this?
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Deposits and Payments
#2196572 - 10/26/18 04:03 PM Re: placing hold due to loan Burgess
osucpa Offline
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Joined: May 2011
Posts: 1,406
What does your Loan Agreement and Deposit Agreement say? Your second sentence is interesting related to "anything other than running the business" - any transactions processed through the deposit account should be related to the business if it is a business account.

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#2196599 - 10/26/18 05:52 PM Re: placing hold due to loan Burgess
BrianC Offline
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I did run across this in the Navy Federal Credit Union $28.5 million UDAAP citation when they restricted internet banking and debit card service for delinquent loans.

https://www.consumerfinance.gov/about-us...ection-actions/
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#2196609 - 10/26/18 06:52 PM Re: placing hold due to loan Burgess
John Burnett Offline
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John Burnett
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If the bank has an offset right, either use it or not, but holding the funds can blow up in your face. As Brian points out, a huge organization (the largest credit union in the world) got zapped for doing it as part of its normal practices. But even if you only do it once in a while the bank can end up on the wrong end of a wrongful dishonor suit (which can get very expensive) if it refuses payment of a check on the account.
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#2196778 - 10/30/18 12:29 PM Re: placing hold due to loan Burgess
Elwood P. Dowd Offline
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Next to Harvey
Quote:
we have a past due loan customer - commercial loan.
loan officer wants to place a hold on the deposit account so that he can stop any attempt for borrower to use funds for anything other than running the business.


I wonder if anyone has ever calculated how much money banks save by not providing even basic training to loan officers...
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#2196791 - 10/30/18 02:40 PM Re: placing hold due to loan Burgess
John Burnett Offline
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John Burnett
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Probably less than they lose through their incompetence lack of training.
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