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#903868 - 02/13/08 02:16 PM Defaulted loan
overregulated Offline
Junior Member
Joined: Sep 2005
Posts: 42
TN
HELP!!!!!
We have a loan i/a/o $1200 which has defaulted. The borrowers have a real estate loan (residence) with us.
We want to charge the $1200 loan to the RE loan.
What disclosures (if any) would be required?

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Lending Compliance
#903919 - 02/13/08 02:54 PM Re: Defaulted loan overregulated
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
Very good question for an attorney familiar with TN laws or post the question in the TN forum.

You also need to have an attorney review both loan contract lanquage. It is very unlikely IMO that you can arbritarily charge the $1200 to the real estate loan. And even if you can, and this is the borrower's primary residence, you are increasing your security interest and the ROR will come into play.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#903923 - 02/13/08 02:56 PM Re: Defaulted loan Dan Persfull
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
Agree with Dan, In my experience, if you did not give RofR when the $1200 loan was made (highly unlikely) you will not be able to use the RE loan as a default outlet.
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My opinion only. Not legal advice.

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