QUESTION

Can my credit union take money from a joint account savings if I am in foreclosure with credit union?

Asked on May 22nd, 2013 on Foreclosures - California
More details to this question:
I have a home in foreclosure at my credit union. The CU initiated the cross-collateralization clause and right to set off clause and repossessed my vehicle that was on another loan with them. Do they have the right to seize any money in a joint checking/savings account at a separate bank? Can they repo my wife's vehicle that I am joint with at the bank?
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4 ANSWERS

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

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They cannot seize assets at another bank.
Answered on May 23rd, 2013 at 2:55 AM

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Insurance Litigation Attorney serving St. Petersburg, FL
3 Awards
You said the magic word, cross collateral agreement. Yes your credit union can take money from your account or seize your car.
Answered on May 22nd, 2013 at 9:06 PM

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Environmental Law Attorney serving Auburn, CA
1 Award
In Ca. the CU may be in violation of the "one-action" rule, which severely limits the lender's remedies with respect to real estate loans. You should seek immediate representation by an attorney who regularly practices in the area of CA real estate foreclosure law. A one-hour consult will you between $300 - $500.
Answered on May 22nd, 2013 at 9:01 PM

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