Financial Services
Loan Agreement
Ohio
Can a lender change the terms of a loan agreement without my consent?
I recently entered into a loan agreement with a lender to borrow funds for a business expansion project. However, I have received a notice from the lender stating that they intend to change certain terms of the loan agreement, such as increasing the interest rate and extending the repayment period, without seeking my consent. I am concerned about the legality of such changes and the impact they may have on my business.
Answers from 1 Lawyer
Answer
Financial Services
Ohio
Gary S.
ContractsCounsel verified
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.
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