Posts Tagged ‘TILA’

Commercial Loan Modification Lingo Part 1

Wednesday, June 24th, 2009

A commercial loan modification is when a commercial loan is altered or modified to create a new loan agreement between the lender and the business owner. A commercial loan modification is designed to make the monthly loan payments more affordable to the business owner and possibly prevent the loan from going into default and/or foreclosure. A commercial loan modification may also be referred to as a commercial loan workout or a commercial workout. A business owner must qualify for a commercial loan workout, however, there are commercial loan modification professionals and firms who can help determine eligibility.

Commercial loan modifications are often pursued to avoid foreclosure. A foreclosure is when the lender reclaims the property paid for by the commercial loan and attempts to sell it to regain their investment. Before going into foreclosure, the business owner goes into default. Default is when the business owner has missed multiple monthly payments on their commercial loan. Once a business owner is in default, they should seek help in contacting the lender to consider a commercial loan modification. The person to contact is a commercial loan modification professional. http://commercial-modification.com A commercial loan modification professional is someone who works for an established commercial loan modification company. A commercial loan workout professional has experience working with commercial loans, commercial loan modifications, bank negotiations, and forensic audits. A forensic audit is a detailed look at your loan payments to make sure the lender did not violate any state or federal laws, including but not limited to: The Truth in Lending Act (TILA) and the Real Estate Settlement & Procedures Act. (RESPA).

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How Can The Truth in Lending Act (TILA) Affect My Commercial Loan Modification?

Thursday, June 18th, 2009

A Commercial loan modification is an alteration of an original commercial loan agreement. However, if the original commercial loan agreement violated the Truth in Lending Act (TILA), then it is not enforceable and must be modified. The Truth in Lending Act requires full disclosure of all terms, including any possible fees or finance charges. You will be able to get a commercial loan workout with conditions, which work best for you and possibly damages. Like most Acts, however, The Truth in Lending Act contains a great deal of information and subparts. This is why it is best to hire a commercial loan modification professional.

A commercial loan workout professional will be well educated on all the subparts of the Truth in Lending Act, which covers disclosures, annual percentage rate calculations, advertising, right of rescission, treatment of credit balance, record retention, state exemptions and rate limitations, to name a few. A commercial loan modification professional will be able to sort through the commercial loan papers for you and make sure your rights were not violated. When pursuing a commercial loan modification, you want any advantage you can get in the negotiation.

A commercial loan modification may be what you need to avoid bankruptcy and foreclosure. So it is important to utilize any advantage you have, and to have people working for you who understand commercial lenders, commercial loans and commercial loan modification. Hiring a commercial loan modification professional will give you the edge you need to go up against the bank or commercial lender. Hiring a commercial loan workout professional will be especially helpful if they do discover the original loan violated the Truth in Lending Act.

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