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  • Will You Add? - Notices Of Default: Who Should Send The Letter?

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    otice provision in Part 6 “Default,” but the notice requirements apply only to the disposition of collateral after default.) Indeed there are loan documents
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    Loan documents often require the commercial lending institution to provide written notice (a letter) to the borrower before initiating foreclosure or lien enforcement proceedings. Some of our clients have wondered whether, in Indiana, the default letter can come from outside counsel. In my view, an effective notice can come from counsel. But, if the borrower has its own lawyer, the letter probably should come directly from the lender.

    Is notice required? To my knowledge, there is no common law rule or statutory requirement that the borrower receive notice and an opportunity to cure. (The UCC, Article 9.1, has a notice provision in Part 6 “Default,” but the notice requirements apply only to the disposition of collateral after default.) Indeed there are loan documents

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    forcement proceedings. Some of our clients have wondered whether, in Indiana, the default letter can come from outside counsel. In my view, an effective notice can come from counsel. But, if the borrower has its own lawyer, the letter probably should come directly from the lender.

    Is notice required? To my knowledge, there is no common law rule or statutory requirement that the borrower receive notice and an opportunity to cure. (The UCC, Article 9.1, has a notice provision in Part 6 “Default,” but the notice requirements apply only to the disposition of collateral after default.) Indeed there are loan documents

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    ice can come from counsel. But, if the borrower has its own lawyer, the letter probably should come directly from the lender.

    Is notice required? To my knowledge, there is no common law rule or statutory requirement that the borrower receive notice and an opportunity to cure. (The UCC, Article 9.1, has a notice provision in Part 6 “Default,” but the notice requirements apply only to the disposition of collateral after default.) Indeed there are loan documents

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    y knowledge, there is no common law rule or statutory requirement that the borrower receive notice and an opportunity to cure. (The UCC, Article 9.1, has a notice provision in Part 6 “Default,” but the notice requirements apply only to the disposition of collateral after default.) Indeed there are loan documents
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    otice provision in Part 6 “Default,” but the notice requirements apply only to the disposition of collateral after default.) Indeed there are loan documents that do not contain notice provisions, in which case the lender can immediately file suit upon default. On the other hand, if there is a notice clause, basic contract law dictates that notice be sent. Usually, notice to the borrower must come from the lender and must be sent to a specific person at a specific address. The best way to ensure effective notice is to do exactly what the parties agreed to do in the written contract(s).

    Problem #1 – effective notice. The common question is whether outside counsel can send the letter on the lender’s behalf. Sometimes it makes practical sense for outside counsel to do so

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