Legal Question in Credit and Debt Law in California
If I default on my mortgage can they freeze my bank account?
I can no longer afford my mortgage with bank of america, If i default can they freeze my checking account I have withthem or take money out of it? I also have a heloc loan that I have defaulted on , should i worry about my accounts being frozen if the account is not with teh same bank?I am in california.
2 Answers from Attorneys
Re: If I default on my mortgage can they freeze my bank account?
The answer to your question is contained within your respective mortgage, HELOC, and deposit account contracts, please go back and read them. If the same bank is involved, your deposit accounts are at risk. If not, they can't tap or "freeze" a consumer's account without a court order.
Re: If I default on my mortgage can they freeze my bank account?
Attorney Stone is correct. Your best bet is to move your accounts before you default irrespective of what the contracts all say. Generally, home mortgages are not cross-collateralized with depository accounts, but its not impossible. Further, the HELOC may result in a deficiency judgment by the bank, in which case they can then easily levy your bank account, given that they have record of your accounts. If you move your accounts, you make it that much harder for them to collect any potential deficiency.
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