What is the "Right of Offset"?
The "Right of Offset" gives a lending convention (i.e. Bank or reputation Union) a legal right to seize funds that a debtor may have in a deposit or asset list at that particular banking or financial institution, to cover a loan in default. It is also known as the "Right of Set-Off".
"Right of Offset" - safe Your Money and Assets
What are the dangers of the "Right of Offset"?
If an individual, couple, or other entity has a checking, savings, or other form of deposit list at the same financial convention where they have a reputation card, auto loan, mortgage, other debt account, that individual or entity has what can be considered a "banking conflict". In other words, anytime an asset list is kept at the same banking convention as a liability account, a possible "banking conflict" occurs due to that banking institutions "Right of Offset". What this means is, if an individual for anything reason fails to make payments on a liability account, the financial convention has the legal right to not only freeze that individuals asset/deposit account, but to also seize any funds available to offset the debt due to that financial institution.
What types of liability accounts or debts does the "Right to Offset" pertain too?
A financial institutions free time to use the "Right of Offset" is considered primarily by how they are chartered.
State chartered and regulated reputation unions and banks, along with federal reputation unions chartered and regulated by the National reputation Union association (Ncua) have the free time and authority to practice their "Right of Offset" on both secured accounts or asset backed (i.e. Mortgage loan, auto loan), and unsecured accounts (not backed by collateral) or open-ended revolving accounts (i.e. Confident reputation cards and reputation extensions).
Federally chartered and regulated banks (i.e. Bank of America, Wachovia Bank, Wells Fargo) have the free time and authority to practice their "Right of Offset" on secured, but not unsecured accounts. A bank/financial institutions rights and authority as it pertains to its use of "Right to Offset" may vary between institutions. To find the specifics of a particular convention research the following areas:
The institutions regulatory authority. The institutions member agreement received when establishing an account. The institutions loan/debt documents or agreements received when establishing a loan.Who regulates state chartered and federally chartered banks and/or financial institutions?
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