Should I Sign A Duplicate Loan Document?

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I have a loan through a bank. I signed papers and recently the bank contacted me stating they misplaced the signed copies. Now they want me to come back in and re-sign the papers, and I feel like I shouldn’t have to because of negligence on their part. What should I do?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Banks hate missing documents. Although secured loans (like car and home loans) are secured by a separate document that’s registered with the state, the lack of an original loan document can make it more difficult for a bank to demand that the loan terms be followed. The bank is probably asking if you’ll come in to sign a duplicate of the original loan document. This will be marked as a duplicate, but the terms and conditions will be the same. It’s certainly possible for you to refuse, but keep in mind refusing to sign this copy may make it more difficult for you to force the bank to follow its terms and conditions. The agreement protects you as much as it protects the bank. Most likely, the bank has an alternative to having you sign a duplicate, such as executing an affidavit of the lost agreement, but signing a duplicate will be “cleaner.” If you do re-sign, make sure that all of the terms and conditions are identical, and that the document is marked as a duplicate.



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Author: House Attorney