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Procedure for Reimbursing Interest Charges

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Question: 
During a recent review of some real estate files, our bank has discovered that we put a floor rate on some loans in which the note did not specify. We are going to reimburse the interest charges due to this problem. Are there any regulations/procedures that we must follow?
Answer: 

You have a breach of contract. Any reimbursement should be coordinated with your legal counsel to insure you alleviate as much civil liability as possible.

This will most likely be a big undertaking, depending how far back you have to go. You will have to back off any payments to date, input the correct rate(s) and reapply the payments to get the proper charges and then refund the difference between them and the improper charges.

First published on BankersOnline.com 12/5/11

First published on 12/05/2011

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