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#1394759 - 05/21/10 06:23 PM Paid in Full language on memo line
Sage Offline
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Joined: Aug 2005
Posts: 914
I told the loan officer not to accept the cashier's check with "loan pay off" written on the memeo line. Am I off base?

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Deposits and Payments
#1394763 - 05/21/10 06:27 PM Re: Paid in Full language on memo line Sage
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Does it actually pay off the loan?
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#1394771 - 05/21/10 06:35 PM Re: Paid in Full language on memo line BBoyd
Sage Offline
Platinum Poster
Joined: Aug 2005
Posts: 914
No, it is only half of the payoff. Sorry I should have said that.

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#1394782 - 05/21/10 06:47 PM Re: Paid in Full language on memo line Sage
Skittles Offline
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Skittles
Joined: Sep 2002
Posts: 13,965
TN
Then I agree not to accept the check.
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#1394790 - 05/21/10 06:59 PM Re: Paid in Full language on memo line Skittles
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Is the memo line actually binding on anything? Why would you not accept the check for payment on the loan even with that designation on the memo line?
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#1394791 - 05/21/10 07:00 PM Re: Paid in Full language on memo line Skittles
dickr Offline
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dickr
Joined: Feb 2010
Posts: 356
Middlesex Cty NJ
May depend on your state UCC, but look at UCC 3-311. If it were allowed to stand, how would anybody be in debt?
Last edited by dickr; 05/21/10 07:01 PM.
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#1394865 - 05/21/10 08:32 PM Re: Paid in Full language on memo line dickr
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Ooh...if that's the case, I have a few "loan payoff" checks to write!!
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Opinions are mine and never to be taken as legal advice!

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#1395041 - 05/24/10 01:23 PM Re: Paid in Full language on memo line BBoyd
dickr Offline
Gold Star
dickr
Joined: Feb 2010
Posts: 356
Middlesex Cty NJ
Our DepositPro disclosure forms have a section called "Check Legends" - to paraphrase - 'we can disregard any information other than signature of drawer, identification of drawee bank and payee, amount, endorsements, and any information on the MICR line. Also absolves us regarding restrictive language, including "Paid in Full", "Two Signatures Required", "Void After 90 days", etc.

The disclaimer reads "In accordance with reasonable banking standards, most checks and other items are processed through automated processing and, except in limited circumstances and in our discretion, most items are not individually examined."

Any exceptions require written the confirmation of the Bank.
_________________________
Lord,give me patience - and I want it NOW!!!

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