Legal Question in Credit and Debt Law in Missouri

I live in MO

can a bank take money out of our checking account an put all of it towards a past due mortgage payment with out our knowledge or approval


Asked on 4/18/16, 7:45 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If one holds an account at the same bank where they have borrowed money, they often sign an agreement that the funds in the account can be pulled to go towards arrearages of the note or loan. Without such agreement, a bank would probably not have authority to remove money from one's account. If this has happened to you, ask the bank by what authority they removed or allowed the removal of the funds from the account. Some banks screw up by have the lending branch as a separate corporation, and thus not the same as the bank where the account sits. If this does not resolve the situation for you, you will need to consult directly with a civil or regulator/administrative practice attorney in your area. There aren't enough facts here to assess the situation, and the variables are too complicated to be addressed in this forum.

Good luck

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Answered on 4/19/16, 10:36 am


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