Answer:
If the loan is subject to Regulation Z's right of rescission, funding must be delayed until the business day after the rescission period expires. The regulation does not speak to the matter of check dates, but a delayed date would be reasonable since the loan can't be funded earlier.
If the loan is not subject to the ROR, you should discuss state contract law with local counsel. A post-dated check may not provide consideration at the time the borrower is bound to the contract. Breaching a contract could expose you to collection difficulty or loss.
First published on BankersOnline.com 10/17/11
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