KENNETH C. COURVILLE
ATTORNEY

LENDING COMPLIANCE

Lenders are often unaware of all the requirements they face when making loans. The law limits the amount of interest you may charge a borrower. There are strict requirements to perfect a lien on property, which is important if you want the right to foreclose or repossess collateral for nonpayment. Disclosures are often required, including the "truth-in-lending" disclosure required under Regulation Z, and the loan agreement notice required under the Texas Business & Commerce Code.

Certain practices, such as requiring credit life insurance or a prepayment penalty on certain consumer loans are considered predatory business practices and prohibited by law. If you are concerned about innocently violating one of the many laws regulating lending, it is important that you contact an attorney. If you have been served with a lawsuit or have been threatened with suit, you should immediately contact an attorney. The law limits the amount of time you have to respond to a lawsuit. Delay could make you lose your rights. My office assists lenders with lending compliance issues and defends lenders against claims by borrowers for violating these laws.

Not certified by the Texas Board of Legal Specialization.

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Last updated Wednesday, August 11, 2001, at 11:25 am CDT (-0500).
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