When asked them for documentation that I signed agreeing to a hold on reserve funds this is what was in the loan commitment on page 3.
Deposit Accounts: Borrower and guarantors to establish new membership account with (bank name) and maintain the deposit account for the entire term of the loan. Maintain the Cash reserve account with 2 months P&I for the entire portfolio. The reserve amount to increase with each new booked loan.
Financial Covenants: Maintain a minimum debt service coverage ratio of 1.2x's both individually and globally for the entire term of the loan.
Other Conditions: Any, and all, entity owner/purchaser business organization documents shall be required for review by ( bank name ) at least 10 days prior to settlement i.e. Submission and satisfactory review of Articles of Incorporation and/or partnership Agreement, Company By-Laws and time stamped copy of the Cert of Organization.
The term and conditions stated above shall apply from the date of acceptance, shall survive the execution of notes and/or other loan documents and shall continue to apply until the obligations or Borrowers are paid in full.
This commitment is contingent upon the right of the Credit Union, at any time hereafter and from time to time, to review the commitment, to adjust the terms and conditions or to discontinue the commitment should the Credit Union, in the reasonable exercise of its sole business discretion, deem it necessary to do so
To accept this offer, please sign and return this original commitment letter. With the acceptance by the Borrower of this Commitment, a non-refundable Commitment Fee equal to 1/2% of the total loan amount ($000.00) will be due to the Lender. This 1/2% fee is a portion of the 1% origination fee that is being charged ans will be applied at settlement towards final settlement costs.
No where does it say the account made will be placed on hold. Secondly I had a HELOC with them on a property that has since been paid off in full and they have not returned those payment funds to me. I have since tried to apply for a loan (no different than any other "approved" loan) and they denied it for BS reasons like incomplete application and no description of what funds from loan would be used for. These guys know what I do, I have 8 loans with them. So now they have my money in an account that I cant access, they have funds in the account that don't pertain to this particular institution, they have funds in the account for a loan that has been paid in full, and they clearly don't want to do business any longer. Should I get an attorney or am I blowing this out of proportion?