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Guidelines for Writing "Change of Terms"

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Question: 
We write a bunch of change of terms every month. The reason for the COTs range from interest only payments, lower interest rates, update delinquencies and change name on the title. I’m looking for your opinion on when we need new Loan Agreements/security agreements. I’m looking to add many of the disclosures from our loan agreement to the back of the COT form, so the member doesn’t have to sign new loan agreements. I am running across confusing language in the regulations. I’ve seen an article that says skip payments and do not require new disclosures because that doesn’t constitute a refinance. I’ve also heard that refinance may involve the rescheduling of payments. My ultimate objective is to make it easier for the loan officers to create COTs. It is very time consuming at the moment.
Answer: 

You need to sit down with your legal counsel. There are way too many variables in your question to address in any concise manner and much of the language necessary will be determined by the language in your current loan contracts that you are trying to modify.

First published on BankersOnline.com 8/1/11

First published on 08/01/2011

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