I just today read a case holding that a lender waives its right to nonjudicial foreclosure by setting off funds taken from a deposit account against the loan balance. However, that would not apply where there is an express cross-collateralization agreement that permits the set off. But as long as the account is at a different bank, your bank cannot take money from it without first getting a money judgment against you and a writ of execution. Whether the bank can repossess your wife's vehicle depends on the terms of your cross-collateralization agreement. Was the loan on your wife's car taken out after the mortgage? If so, does the cross-collateralization agreement specify that security for the home loan will include after-acquired property?
Answered on May 23rd, 2013 at 2:55 AM