Legal Question in Banking Law in North Carolina

Can a mortgage company freeze my busness or personal bank account for non-payment


Asked on 2/27/13, 4:19 pm

1 Answer from Attorneys

Not without a judgment unless you happen to bank at the same place where you have a mortgage. If you do, then I would switch banks.

Is your mortgage for personal use or a business? Is the business incorporated or an LLC?

If the mortgage is for your personal residence and your business is incorporated or an LLC, then the bank cannot raid your business bank account. However, if you don't pay, the bank will eventually foreclose unless you file bankruptcy. The bank can then seek a deficiency judgment.

If the mortgage is for your business, then the bank cannot go after your personal non-business assets unless it first gets permission from the court to pierce the corporate veil (a business law doctrine). The corporate veil can only be pierced (disregarded) in certain situations - otherwise, the business is treated much like a separate person from you. However, I am not a business lawyer and you would need to speak to a business lawyer about the corporate veil if this is an issue. Businesses can also file bankruptcy and that may also be an issue you would want to explore if the business is liable.

If you have a mortgage loan and bank at the same place, I am not aware that a bank could just raid your bank account. I know they can for credit card debt, so its just safer not to bank where you have a loan.

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Answered on 2/27/13, 4:31 pm


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