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I received a letter that my loan was in default because I did

 

Customer Question

I received a letter that my loan was in default because I did not send payment by the 4th month and the total balance is due Aug 31. I sent the total amount due. Will I still be in default of the loan.

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Optional Information:
Country relating to Question: United States
State (if USA): Louisiana
What have you tried so far?: I paid the total amount due for the four delinguent payments

Submitted: 276 days and 21 hours ago.
Category: Legal
Value: $43
Status: CLOSED
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Expert:  MShore replied276 days and 21 hours ago.

Thank you for the post, I am happy to assist you by answering your questions.When did you send the amount due, was it late when you sent it?

Customer replied276 days and 21 hours ago.


I sent it today it was late. It was due Aug 1st. I received the letter in the mail August 18. It was dated August 15th. It was done electronically. I received a payment date confirmatiion of Aug 21st.

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Expert:  MShore replied276 days and 21 hours ago.

Thank you Gerald, because you did not pay when due, you are considered to be in default despite the late payment, the lender can accelerate the loan to demand the full outstanding balance. Please let me know if you have any follow up questions.

Customer replied276 days and 21 hours ago.


Is it negotiable?

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Expert:  MShore replied276 days and 21 hours ago.

Yes, but subject to the sole discretion of the lender, you do not have a lot of leverage here. If you can offer a sum to pay as security against future default, that may go a long way towards a cure and you not be required to pay the full balance now.

Customer replied276 days and 21 hours ago.


It is a large amount, 37,000 and I can not pay that in full. Will I lose my home and good credit rating? It is a SBA loan.

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Expert:  MShore replied276 days and 21 hours ago.

Are you opposed to filing bankruptcy?

Customer replied276 days and 21 hours ago.


Yes I am. The representative said in the letter that if I would like to discuss the matter to call her.

Accepted Answer

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Expert:  MShore replied276 days and 21 hours ago.

ok, while possible your credit could be negatively affected and you lose your home, it is unlikely. What is more likely is that you would be required to put money in escrow to cover a missed payment.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.3 %
Accepts: 19125
Answered: 8/18/2012

Experience: Negotiate, Draft, and Review many complex commercial agreements each year.

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Customer replied276 days and 21 hours ago.

Thank you so much for your counsel.

 
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