How a Business Hired a Lawyer to Draft a Loan Agreement in California (2022)

Generally no, a lender cannot unilaterally change the terms of a loan agreement without the borrower's consent. Loan agreements are binding contracts, and any modification to the terms (such as interest rate, repayment schedule, or collateral requirements) typically requires both parties to agree to the change. However, depending on the agreement's terms and the type of loan, there are some nuanced exceptions. Some loan agreements permit changes without borrower consent, such as variable rate provisions, default provisions (allowing changes if borrower is in default), or loan servicing clauses (ex. payment instructions can usually be modified unilaterally). However, in each case, these rights to modify the terms must be clearly stated in the loan agreement, and if the agreement is silent, the lender cannot change the terms without the consent of the borrower. The information provided in this response is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication. For advice specific to your situation, please seek legal counsel.

It depends on your policy. Interest rates for personal loans are either fixed or variable. The fixed rate remains constant throughout the loan. However, variable rates may be increased or decreased, based on market changes.