To stay clear of any legal involvement, both parties concerned must comply and honor all agreements made. Since the loan agreement serves as a contract and legal documentation, a violation of the terms and agreements can lead to a legal case and the written agreement can function as proof in court.
The loan agreements originated by commercial banks, savings banks, finance companies, insurance organizations, and investment banks are very different from each other and all feed a different purpose. "Commercial banks" and "Savings banks," because they accept deposits and benefit from FDIC insurance, generate loans that incorporate the concepts of the "public trust." Prior to interstate banking, that "public trust" was easily measured by State bank regulators who could see how local deposits were used to fund the working capital needs of local industry and businesses, and the benefits associated with those organization's employment.
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.
Lenders may require borrowers to submit a financial letter of hardship which explains the circumstances causing them to require a loan deferment. Hardship letters are usually required with federal student loans and real estate transactions such as loan modifications.
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