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It is best to obtain a real estate forbearance agreement when deferring mortgage payments. Forbearance agreements prohibit lenders from commencing with foreclosure action unless borrowers' default on the contract. This is of particular importance when obtaining mortgage deferment to prevent foreclosure.

Borrowers should create a folder to store loan document records, along with a record of phone and email correspondence. Always keep track of phone conversations by writing down a summary of the call, date, time, and name of the bank representative spoken with. When important documents are mailed, invest in the extra protection of tracking receipts. Certified letters should be sent with a return receipt request in case it is necessary to provide evidence the documents were received.

Loan agreements, like any contract, reflect an "offer," the "acceptance of the offer," "consideration," and can only involve situations that are "legal" (a term loan agreement involving heroin drug sales is not "legal"). Loan agreements are documented via their commitment letters, agreements that reflect the understandings reached between the involved parties, a promissory note, and a collateral agreement (such as a mortgage or a personal guarantee). Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust."

The agreement should clearly contain the pre-closure charges that are applied when the individual would like to close the loan before the time mentioned in the document. The other attribute that would calculate your EMI and the overall interest rate that is to be paid by you is the loan tenure.

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