Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the wp-migrate-db domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /srv/app/gotoiba-dev/htdocs/web/wp-includes/functions.php on line 6121
If we exercise our right of setoff under the terms of a loan agreement and debit the funds from the borrower’s deposit account to pay a delinquent payment, are we required to provide written notice to the borrower each time a payment is debited? – IBA Compliance Connection

If we exercise our right of setoff under the terms of a loan agreement and debit the funds from the borrower’s deposit account to pay a delinquent payment, are we required to provide written notice to the borrower each time a payment is debited?

by

We are not aware of any federal or Illinois notice requirements when exercising a right of setoff, but we recommend reviewing your account agreements for any contractual notice requirements. However, if your account agreements are silent as to whether notice is required when exercising your right of setoff, your bank still may wish to consider providing some form of notice to the borrower to ensure they are aware of the default prior to receiving their next deposit account statement to avoid any confusion as to why their deposit account balance has decreased.