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#2304496 - 12/26/24 09:36 PM Picking up Loan Payments and Check Deposits
4ComplianceSake Offline
Junior Member
Joined: Mar 2023
Posts: 46
I am relatively new to this institution and banking. The bank allows loan officers to pick up loan payment checks and/or checks that will be deposited into a checking account. I feel like this is not in compliance with the FDIC Member requirement for insured deposits and other various deposit and loan related regulations. Does any other institution allow this? Thoughts?

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#2304498 - 12/26/24 10:30 PM Re: Picking up Loan Payments and Check Deposits 4ComplianceSake
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 85,293
Galveston, TX
They are operating as a mobile branch and unless you have a mobile branch charter you have a problem.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2304499 - 12/26/24 10:42 PM Re: Picking up Loan Payments and Check Deposits 4ComplianceSake
Scott Chicoine Offline
100 Club
Joined: Jun 2022
Posts: 143
Commercial lenders in most banks have often closed loans at the customers business and collected an interest payment. I've seen it done that way for almost 40 years. What you do need to look at is if your bank's bond coverage covers this practice.

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#2304501 - 12/26/24 10:47 PM Re: Picking up Loan Payments and Check Deposits 4ComplianceSake
4ComplianceSake Offline
Junior Member
Joined: Mar 2023
Posts: 46
Yes I agree I have seen the loan closing situation but this is outside of a loan closing. This is just normal business. If a loan payment is due or late the loan officer will set up a time to pick up a check for the payment that will either be deposited into an account or paid directly to the loan.

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#2304503 - 12/27/24 11:31 AM Re: Picking up Loan Payments and Check Deposits 4ComplianceSake
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 85,293
Galveston, TX
If you are a National Bank, I suggest you read this very carefully. If you are a State Bank, I suggest you read your State law very carefully.

https://www.ecfr.gov/current/title-12/chapter-I/part-7/subpart-A/section-7.1012

Like it or not and whether you have been doing it for 40 years, an employee picking up a deposit or loan payment at the customer's facility constitutes a branching function.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2304526 - 12/27/24 09:29 PM Re: Picking up Loan Payments and Check Deposits 4ComplianceSake
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,230
Toano, VA
Roughly 40 years ago, a branch of my bank (state chartered) sent an employee to conduct similar (mostly deposit related) transactions at a nearby nursing home every week. For CRA purposes, I liked it! When it came to the attention of the State Banking Commissioner, he declared it an illegal branch and ordered us to stop.
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...gone fishing.

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