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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am one month behind on a commercial mortgage. Can the bank

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I am one month behind on a commercial mortgage. Can the bank freeze my personal checking account and pay some of the checks that came through after the freeze? Are they allowed to manipulate my account?

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 6 years ago.

A bank has a right to offset money on deposit against money owed. Therefore, if you signed the loan personally, the bank may seize your personal checking accounts
Customer: replied 6 years ago.
The bank did not offset money. I asked the bank president if he was using an offset to freeze my account. He said no he was just freezing the account. He froze the entire account not the amount that was late.
Freezing the account is a type of offset and is permissible provided the amount frozen does not exceed the total amount owed
Customer: replied 6 years ago.
The bank president froze my account with over $22,000 in it and the late payment was less than $10,000. What do I do next? What banking commission is in charge of these types of business practices?
it does not appear that the bank president did anything illegal or improper -- $22,000 is less than the total amount that is owed on the debt
Customer: replied 6 years ago.


Although the bank never notified me of the freeze do they still have the right to freeze the account?


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