Given the economic uncertainty caused by the current health crisis, many borrowers may be forced to default on loans or lines of credit they have with their banks. It is therefore an important time to understand the legal relationship between a bank and a depositor, and the bank’s right of setoff.
Take a look at the balance in your checking or savings account. How much of that money actually “belongs” to you? You may be surprised to learn that, in New York, the funds in a general bank account do not technically belong to the depositor. At the moment of deposit, the funds become the property of the depository bank.
Thus, as a depositor, you are in essence a creditor of the bank. Once the bank accepts your deposit, it agrees to refund the same amount, or any part thereof, on demand.
As a result of this relationship, New York bankinginstitutions have a long-established common law “right ofsetoff.”Under the right of setoff, where a borrower is indebted to the bank, the bank may deduct funds from the borrower’s savings or checking account to satisfy a matured debt.
For example, imagine that you maintain a checking account and a line of credit with the same bank. If you default under the line of credit, the bank can simply deduct the funds from your checking account – without any advance notice to you – to satisfy the balance due under the line of credit. The bank is only required to provide notice to you on the day the setoff occurs.
This scenario was played out in a seminal case twenty five years ago.* There, a customer took out a $40,000 unsecured line of credit with his bank, which was subsequently converted into a 90-day note. After the customer defaulted, the bank exercised its right of setoff and applied approximately $40,000 of funds in the customer’s account toward the balance due under the note. The customer asserted a claim against the bank, alleging that the bank’s exercise of setoff was unauthorized. The trial court dismissed the claim. Upon appeal, the decision was affirmed, with the court holding that the bank had “an absolute right to setoff,” that was properly exercised by advising the customer of the setoff “on the same day that the setoff occurred.”
*Fenton v. Ives, 222 A.D.2d 776, 634 N.Y.S.2d 833 (3d Dep’t 1995).
FAQs
At the moment of deposit, the funds become the property of the depository bank. Thus, as a depositor, you are in essence a creditor of the bank. Once the bank accepts your deposit, it agrees to refund the same amount, or any part thereof, on demand.
Does money in the bank belong to you? ›
“It is now well established that the property in the customer's money passes to the bank following its deposit and that 'money paid into a bank account belongs legally and beneficially to the bank and not the account holder'.”
Do banks actually use your money? ›
Key takeaways. When you deposit money into a bank, the bank doesn't keep all of it in cash reserves. Instead, they lend it to other parties to earn interest and make a profit. Banks can lend money in various ways, such as consumer or business loans, government bonds and credit cards.
Can a bank keep your money from you? ›
Generally, a bank may take money from your deposit account to make a payment on a separate debt that you owe to the bank, such as a car loan, if you are not paying that loan on time and the terms of your contract(s) with the bank allow it. This is called the right of offset.
Is money in your bank account assets? ›
Assets are things you own that have value. Your money in a savings or checking account is an asset. A car, home, business inventory, and land are also assets.
Does the money in your bank account belong to you? ›
At the moment of deposit, the funds become the property of the depository bank. Thus, as a depositor, you are in essence a creditor of the bank. Once the bank accepts your deposit, it agrees to refund the same amount, or any part thereof, on demand.
Is it illegal to keep money accidentally sent to you? ›
You cannot keep money that was mistakenly deposited into your account; it must be returned. Failing to report and return the money could result in legal consequences, such as criminal charges. Contact your bank immediately when you notice the error and keep records of your interactions.
How safe is my money in a bank account? ›
How safe are my savings if my bank or building society goes bust? If your bank, building society or credit union went bust, you're entitled to compensation through the Financial Services Compensation Scheme. This is also the case for joint accounts and if you have money with two banks in the same banking group.
Is your money really safe in the bank? ›
FDIC Insurance
Most deposits in banks are insured dollar-for-dollar by the Federal Deposit Insurance Corp. This insurance covers your principal and any interest you're owed through the date of your bank's default up to $250,000 in combined total balances. You don't have to apply for FDIC insurance.
Can a bank not give you your money? ›
Yes. Your bank may hold the funds according to its funds availability policy. Or it may have placed an exception hold on the deposit.
Banks may freeze bank accounts if they suspect illegal activity such as money laundering, terrorist financing, or writing bad checks.
Can a bank take your money legally? ›
Banks and building societies can take money from your current account to cover missed payments on other accounts you have with them. This is called the 'right of set off'. It can also be called: The 'right of offset'
Is it true that banks can seize your money? ›
However, if you owe money to the bank, they can take legal action to recover the debt. This can include filing a lawsuit against you, obtaining a judgment, and garnishing your wages or bank account. In such cases, the bank can freeze your account and seize funds to satisfy the decision.
Who can access your bank account legally? ›
Only the account holder has the right to access their bank account. If you have a joint bank account, you both own the account and have access to the funds. But in the case of a personal bank account, your spouse has no legal right to access it.
Who is the owner of money? ›
Since property is an enjoyment protected by law, it is as such the enjoyment of two goods: the good which is an object of law and the law itself which satisfies the need of legal certainty. This means that a person is not only the owner of money but he has also the right to claim it.
Is money in a bank account considered part of an estate? ›
When a bank account owner dies, the process is fairly straightforward if the account has a joint owner or beneficiary. Otherwise, the account typically becomes part of the owner's estate or is eventually turned over to the state government and the disbursem*nt of funds is handled in probate court.
Is the bank responsible for your money? ›
Most deposits in banks are insured dollar-for-dollar by the Federal Deposit Insurance Corp. This insurance covers your principal and any interest you're owed through the date of your bank's default up to $250,000 in combined total balances.
Is your money protected in a bank? ›
The FDIC provides deposit insurance to protect your money in the event of a bank failure. Your deposits are automatically insured to at least $250,000 at each FDIC-insured bank.
Does a bank have to give you your money? ›
Yes. Generally, a bank must make funds deposited by cash in person to a bank employee available for withdrawal by the next business day after the banking day on which the cash is deposited.
