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Ask the Attorneys? This forum is reseved for homeowners who are thinking about hiring an attorney to represent them against their lenders. Feel free to ask questions in an open forum to the attorneys who will personally respond to your questions. More states and attorneys will be added weekly. If you are an attorney who would like to join our forum , then please contact us.

This is a discussion on Help! Notice to Turnover Collateral??? within the Ask the Attorneys? forums, part of the Mortgage Advice category; So, of course, we get this certified letter from our bank on a Friday when we're unable to reach an ...

 
 
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Old 08-21-2009, 09:41 PM   #1
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Help! Notice to Turnover Collateral???

So, of course, we get this certified letter from our bank on a Friday when we're unable to reach an attorney to get more info...

Our small business went under and we are having to walk away from our commercial property and file personal BK. We receive this letter stating that in 10 days a rep from Wells Fargo will show up at our building to collect "all documentation related to any and all accounts, inventory and equipment. In other words, they are taking possession of the "collateral". Now, some equipment was bought specifically for this business, but much of it we had owned previously and simply used it in this building. Our original loan docs do not specify any "collateral", other than our house. Do they have the right to come in and take whatever they want? Does the trustee for the BK take higher priority than the lender? Or are business assets not included in a personal BK?

Sorry for rambling--just freaking out about all this and having so little notice. Thank you in advance!


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