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Question

I received a letter from E-Trade bank dated September 29, 2009 saying that the further withdrawal of funds against my credit line was being suspended because the market value of my home is no longer adequate to support the $70,000.00 line of credit. At the time of the loan the townhouse was valued by the appraiser at $202,000.00 as indicated on the loan documents. E-Trade bank offered me a $202,000.00 line of credit at that time. I did not need that much money so I asked them for only $70,000.00. As they indicated and as we all know house prices have fallen considerably; however, they are incorrect that the value of the home is no longer adequate to support the $70,000.00 line of credit. Houses in my complex that are identical to mine are currently selling for $121,000.00. That is 172% of the loan amount and more that adequate to support the loan. E-Trade bank provided me no proof whatever that my townhouse is under a value that the credit line would support. I have never missed a paym

Submitted: 17 days and 5 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Optional Information

State/Country relating to Question: California

Already Tried:
I have written to E-Trade bank and called them on the phone. They have not answered the letter and they gave me no information over the phone other than telling me to get an official appraisal. Reverend George V. Schubel

Posted by DCrane 17 days and 5 hours ago.

Info Request

Thank you for the post, is your question whether you have a legal right to the $70,000 line?

17 days and 5 hours ago.

Reply

I have already received $60.000.00 on the $70.000.00 line of credit my question is:
1) Can E-trade bank cancel the remaining $10.000.00 on the line of credit without any apprasial of the current value of the property?
2) If I send them an apprasial as they requested and the value of the property is over the value needed to support the load are they obligated to allow me to draw on the remaining $10.000.00 on the original contract?

Accepted Answer

1) Yes they likely can, to be sure review the terms and conditions of the loan agreement. Typically there is boilerplate language stipulating that the lender can reduce the line in its sole discretion.

 

2) No they would not be obligated to honor your appraisal and in turn lift the freeze on borrowing.

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Expert: DCrane
Pos. Feedback: 98.7 %
Accepts: 
Answered: 11/5/2009

Attorney

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

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