Legal Question in Banking Law in Missouri
Bank's breach of loan agreement terms
My Bank refused my payment to reduce the balance
of a business loan. The contract was a revolving
line of credit with provisions to pay it down
and reborrow funds during a one year period
at my option.
Instead, the Bank ignored the plain language of
the agreement, and actually denied the terms.
I consider this a fundamental ''breach'' and
wonder whether case law holds that I am relieved
of any further performance thereunder - i.e.,
what are my rights and the corresponding penalties
against the bank.
Missouri falls within the 8th Cir. Court of Appeals
or does State law, or the Comptroller of the Currency
use ''administrative'' law cases to support my possible
remedies ?
1 Answer from Attorneys
Re: Bank's breach of loan agreement terms
Y0u better have a legal opinion on your loan status after a review of the documents before you default and they accelerate the balance. Hopefully this is not a SECURED loan, and no personal guaranty.
I have 25 years business law experience, including representation of banks.
Related Questions & Answers
-
Unethical Loan Manipulation and Harassment Is it legal to alter the conditions or... Asked 3/09/07, 1:09 pm in United States Missouri Banking Law
-
Trustee If you are a trustee on a account with a person and both names are on the... Asked 12/28/06, 10:44 am in United States Missouri Banking Law
-
Dad's Checking Account My dad recently passed away. Prior to his death his wife of... Asked 12/13/06, 3:26 pm in United States Missouri Banking Law
-
Co-signer on my car I am seperating from my husband. His parents are co-signers on... Asked 12/06/06, 1:30 pm in United States Missouri Banking Law