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#298501 - 01/05/05 05:00 PM commercial loan prepayment penalty
river girl Offline
Diamond Poster
Joined: Nov 2004
Posts: 1,005
does the prepayment penalty need to be disclosed on the loan agreement and the promissory note for a commercial loan? What about on the deed or mortgage?

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Lending Compliance
#298502 - 01/05/05 05:05 PM Re: commercial loan prepayment penalty
OnTheEdge Offline
Diamond Poster
Joined: Apr 2002
Posts: 1,677
SmallTown, USA
Just my opinion, but I would think as a matter of contract law you'd want any prepayment penalty dicslosed in the loan agreement (at a minimum).
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#298503 - 01/05/05 05:19 PM Re: commercial loan prepayment penalty
renniks Offline
Diamond Poster
renniks
Joined: Sep 2003
Posts: 2,162
New England
I would always include any pre-payment penalty language in the loan note whether the loan is commercial or consumer. If it is contained in the note, it is enforceable, even if it is not in the loan agreement.

I have never seen a pre-payment penalty written on a deed or mortgage.

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