Exercising the Right of Setoff Against Deposit Accounts
StreamedNov 22, 2022Duration90 minutes
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- Unlimited & shareable access starting two business days after live stream
- Available on desktop, mobile & tablet devices 24/7
- Take-away toolkit
- Ability to download webinar video
- Presenter's contact info for questions
Setoff is one of the remedies that can be used to collect past-due loans.
But do you understand all the steps that must be taken before this right can be exercised? Learn the details, best practices, and methods with this informative webinar.
AFTER THIS WEBINAR YOU’LL BE ABLE TO:
- Explain the legal requirements that must be satisfied before your institution is permitted to exercise the right of setoff
- Understand the differences between a contractual right of setoff and a common law right of setoff
- Distinguish the right of setoff from the foreclosure of a security interest, and when it is best to use each method
- Determine when your institution can set off without violating the legal rights of other parties
- Identify which accounts are subject to setoff
Your institution has a common law right to set off a depositor’s account for a debt the depositor owes to your institution if certain legal requirements are satisfied. In addition, your institution may have a contractual right of setoff, depending on the wording of your deposit contracts. If a debtor defaults on a loan, when can your institution apply money from the debtor’s deposit account to pay past-due loan amounts? This webinar will explain the legal requirements that must be satisfied and the specific steps that must be taken, before exercising the right of setoff. This webinar also will explain what happens if an account has multiple owners, as well as how to handle accounts which are being garnished by other creditors.
WHO SHOULD ATTEND?
This informative session is designed for personnel in the deposit or collections departments, including deposit operations personnel, loan operations personnel, collectors, attorneys, compliance officers, auditors, and managers.
- Checklist of items that must be satisfied before setoff is permitted
- Employee training log
- Interactive quiz
- PDF of slides and speaker’s contact info for follow-up questions
- Attendance certificate provided to self-report CE credits
NOTE: All materials are subject to copyright. Transmission, retransmission, or republishing of any webinar to other institutions or those not employed by your institution is prohibited. Print materials may be copied for eligible participants only.
Spencer Fane LLP
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