Right of Setoff on Deposit Accounts & Loans:
Legal Issues
Webinar OR Recorded Webinar + Free Digital Download
Wednesday, February 6, 2019
12:00 pm – 1:30 pm Pacific
1:00 pm – 2:30 pm Mountain
2:00 pm – 3:30 pm Central
3:00 pm – 4:30 pm Eastern
Your institution has a common law right to setoff a depositor’s account for a debt owed to your institution – if certain legal requirements are satisfied. In addition, your institution may have a contractual right of setoff – depending on the terms of your deposit contracts.
If a debtor defaults on a loan, when can your institution apply money from the debtor’s account to pay the loan? Does the debtor have to be notified beforehand? What if the debtor’s account has a joint owner? If your institution receives a garnishment from another creditor, can you setoff before honoring the garnishment? This webinar will answer these questions and more. Join us to learn the legal requirements that must be satisfied and the steps required before exercising the right of setoff.
HIGHLIGHTS
- Legal requirements that must be satisfied before setoff is permitted
- Differences between a contractual right of setoff and a common law right of setoff, and when to use each
- Differences between setoff and foreclosure of a security interest, and how to choose the best method
- Situations when your institution can setoff without violating the other parties’ legal rights
- Learn which accounts and loans are subject to setoff
- TAKE-AWAY TOOLKIT
- Checklist of items to satisfy before setoff is permitted
- Employee training log
- Quiz to measure staff learning and a separate answer key
DON’T MISS THESE RELATED WEBINARS!
Consumer Collection Series: Your Borrower Filed Bankruptcy, Now What?
on Thursday, April 18, 2019 &
Consumer Collection Series: Effective Debt Collection Techniques & Strategies
on Wednesday, June 19, 2019
Attendance verification for CE credits provided upon request.
WHO SHOULD ATTEND?
This informative session is designed for staff involved with deposits, garnishments, or collections, including deposit operations personnel, loan operations staff, collectors, attorneys, compliance officers, auditors, and managers.
Please note: The live webinar option allows you to have one telephone connection for the audio portion and one Internet connection (from a single computer terminal) to view online visuals as the presentation is delivered. You may have as many people as you like listen from your office speaker phone.
ABOUT THE PRESENTER – Elizabeth Fast, JD, CPA, Spencer Fane LLP
Elizabeth Fast is a partner with Spencer Fane LLP where she specializes in the representation of financial institutions. Elizabeth is the head of the firm’s training division. She received her law degree from the University of Kansas and her undergraduate degree from Pittsburg State University. In addition, she has a Master of Business Administration degree and she is a Certified Public Accountant. Before joining Spencer Fane, she was General Counsel, Senior Vice President, and Corporate Secretary of a $9 billion bank with more than 130 branches, where she managed all legal, regulatory, and compliance functions. She is a member of the Missouri State Banking Board by appointment of the Governor.
THREE REGISTRATION OPTIONS
Note: All materials are subject to copyright. Transmission, retransmission, or republishing this webinar to other institutions or those not employed by your financial institution is prohibited. Print materials may be copied for eligible participants only.
1. LIVE WEBINAR
The live webinar option allows you to have one internet connection from a single computer terminalYou may have as many people as you like listen and watch from your office computer. Registrants receive a website address and passcode that allows entrance to the seminar. The session will be approximately 90 minutes, including question and answer sessions. Seminar materials, including instructions, passcode, and handouts will be emailed prior to the broadcast. You will need the most-current version of Adobe Reader available free at www.adobe.com.
2. RECORDED WEBINAR + FREE DIGITAL DOWNLOAD
Can’t attend the live webinar? This option provides a recording of the live event, including audio, visuals, and handouts. We even provide the presenter’s email address for follow-up questions. You will receive an email with the recorded webinar link, which can be viewed anytime 24/7, beginning 6 business days after the webinar. You will also receive instruction on how to download a free digital copy of the webinar to your PC, which you may keep and use indefinitely.
The recorded webinar may ONLY be ordered for 6 months following the live webinar. In addition, the download must be completed within 6 months of the live webinar date.
3. BOTH LIVE WEBINAR & RECORDED WEBINAR + FREE DIGITAL DOWNLOAD
Options 1 and 2 described above.
AFFORDABLE, PROFESSIONAL TRAINING, WHEN AND WHERE YOU CHOOSE |
