Foreclosure Corporation

Foreclosure Corporation

We have personal and corporate accounts at the same bank. If we default on a loan, can the bank seize our corporate accounts?

We may have to foreclose on a rental property and the second mortgage is with the bank that we have our personal and self-employed incorporated business account. We realize that our personal accounts can be levied and we need to change banks, but can they garnish a Business Account with and employee on the payroll? Also, can the bank get access to our Safe Deposit Box to try to gain anything that is of monetary value inside??

If you set up, funded, and operated the corporation properly the corporation's creditors will not be able to pierce the corporate veil and reach into the shareholder's and officer's assets.

The converse is also true. If the corporation is a separate entity then the bank does not have the right to seize its assets without receiving a judgment first.

Regarding the safe deposit box, I have never heard of a case where a bank seized the contents of a safe-deposit box without receiving a judgment first. If you continue to pay the fee to rent the space, the contents of the safe deposit box cannot be touched.

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