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#1087621 - 11/25/08 04:57 PM loans to dead people
Piano Man Offline
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Piano Man
Joined: Mar 2004
Posts: 442
Down South
We have a loan officer that continues to renew a loan to a person that is deceased. The deceased's wife is on the account but she refuses to change the deed work out of her husband's name. Compliance wise, what should I tell the officer. I told him last time to just put it in her name. He says we can't force her to complete the paper work to remove him. I say we don't have to renew the loan for a dead person. Please help.
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Lending Compliance
#1087638 - 11/25/08 05:09 PM Re: loans to dead people Piano Man
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
You should be talking to your attorney. Generally loan contracts have verbiage in them that upon the death of a borrower the loan is in default, however since you have continually renewed the loan with the knowledge of the deceased party you may have inadvertently waived that right, and you are also correct in you have no obligation to renew the loan especially if the remaining party does not qualify. But again you need to be talking your attorney, you may have even jeopardized your collateral.
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#1088762 - 11/26/08 09:22 PM Re: loans to dead people Dan Persfull
Mint Julep Offline
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Mint Julep
Joined: Oct 2007
Posts: 1,152
Tennessee
Is the dead man signing the documents? The loan officer should have an exception that will never go away.

Depending on how the property was vested, state law, etc., title may have passed to her anyway.
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#1089551 - 12/01/08 03:06 PM Re: loans to dead people Mint Julep
Piano Man Offline
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Piano Man
Joined: Mar 2004
Posts: 442
Down South
The wife is signing as the executor of the estate. The loan is not in the estate's name. The officer has left the loan in the name of the deceased and his wife.
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#1089558 - 12/01/08 03:12 PM Re: loans to dead people Piano Man
Mint Julep Offline
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Mint Julep
Joined: Oct 2007
Posts: 1,152
Tennessee
I agree with Dan. Your loan officer needs to have a conversation with a competent attorney. He is trying to mollify a grieving widow, which is understandable, but possibly to the detriment of the bank. He may be doing the widow a favor by getting this done "right".
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