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Does the bank have a right to set-off, i.e. to remove funds from a personal account without authorization or notification in order to bring a loan current?

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Yes. Section 34.307 of the Texas Finance Code states that a bank has the right of set-off. If you have a personal account and a loan at the same banking institution, and you are delinquent in your loan payments, the bank generally has a right to access your personal account without notification to you to bring the note current. This is usually addressed in the loan agreement and/or depository contract.

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