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#2200576 - 12/13/18 01:59 PM Commercial Loan Cut Off Time
terpsfan Offline
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Joined: Feb 2007
Posts: 2,084
We have a cut off time for payments to commercial loans to be applied same day. This time is stated on the bill but it was not included on the initial note. Is the cut off time required to be included in the loan documents? I know this is probably a legal questions but I wanted to get input on what others are doing?

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Lending Compliance
#2200578 - 12/13/18 02:06 PM Re: Commercial Loan Cut Off Time terpsfan
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 84,326
Galveston, TX
Unless there is something in State law, there would be nothing at the Federal level for commercial loans. If the notice is on the billing statements, I don't see much of a UDAAP risk.
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#2200610 - 12/13/18 05:23 PM Re: Commercial Loan Cut Off Time terpsfan
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
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Toano, VA
It's always safest to include the kitchen sink in your notes--commercial as well as consumer. Silent or ambiguous notes are openings for litigation.
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#2200611 - 12/13/18 05:29 PM Re: Commercial Loan Cut Off Time terpsfan
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 84,326
Galveston, TX
Things change - not sure it is really prudent. To change the cut-off you would technically have to modify the legal agreement with that information in the note.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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