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As lenders, we work hard to make good underwriting decisions regarding a borrower’s repayment ability. In addition to analyzing a consumer’s income or the cash flow of a business, it’s a common practice to also take a security interest in collateral. The collateral types vary greatly and each type has specific requirements to perfect a security interest and mitigate credit risk. One risk factor that’s difficult to predict is death.
When a customer passes, the family is grieving and struggling to cope. If the death involves a sole proprietor, partner, or a key corporate officer, it may mean that a number of high balance loans are outstanding and repayment is uncertain. Lenders would like to be sensitive to the loan customer’s family or help the remaining business owner, but the compliance clock doesn’t stop ticking. What happens now, and what are the critical issues? This two-hour recording focuses on the 15 issues that should be considered before handling a deceased customer’s loan accounts. You will learn practical tips to protect the interests of your financial institution. NOTE: The recordingdoes not address state specific statutes but does offer suggestions for the types of state laws that may be important to review with legal counsel.
- Is the “death” of a customer a triggering event for default? What type of language should be in a commercial note in the event of the death of a borrower or guarantor?
- How should lenders handle questions about with the borrower’s estate? What information can be shared? Who is entitled to the information? What documents or information does a financial institution need before releasing the information?
- Is there standard language that your loan agreements should have regarding the death of a borrower?
- What if the deceased borrower was also a service member on active duty? What protections must be extended to the surviving family members?
- Are there any additional considerations the death of a service member under the Military Lending Act that requires mandatory compliance by October 3, 2016?*
- What is the effect of the death of a borrower on the debt collection and foreclosure process?
- Are Home Equity Lines of Credit impacted upon the death of a borrower?
- How can a financial institution protect its collateral after the borrower has died?
- How does the financial institution handle issues of guarantors, setoff and insurance when the borrower has died?
- What provisions for servicing loans are required under RESPA and Truth in Lending and what are the regulatory expectations for dealing with “successors in interest”.
The recording is designed for loan officers, compliance officers, collectors, customer service staff, risk managers and auditors.