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#1406683 - 06/22/10 05:07 PM Pledging a CD
RBanker Offline
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RBanker
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Austin Texas
If a CD, jointly owned by a husband and wife, is pledged for collaterol, who is required to sign the pledge agreement - one spouse or both?
Is there a legel precendent for the proper answer, or just an industry best practice?
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#1406689 - 06/22/10 05:11 PM Re: Pledging a CD RBanker
Georgia Plum
Unregistered

I would want both of them to sign the pledge agreement. If it was their house that was being pledged and it was jointly owned, wouldn't you require both owners to sign? As for legal precedent, I'd have to refer you to an attorney.

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#1406694 - 06/22/10 05:19 PM Re: Pledging a CD
RBanker Offline
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Austin Texas
I think the question that has come up from the loan side is that it only takes one to close, so why not one to pledge - my reponse is that the closing of a CD is specifically addressed in the contract, but the pledge isn't so the prudent thing to do is have both pledge......
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#1406713 - 06/22/10 05:39 PM Re: Pledging a CD RBanker
Elwood P. Dowd Offline
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Joined: Aug 2001
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Next to Harvey
I believe your the question is answered clearly in the most recent version of Article 9 of the UCC. I'm not sure because I've never been a lender. However, if I was a lender that's something I would be embarrassed not to know...

Regardless of what it might be, the "belt and suspenders" approach would be to have all owners sign. In Florida where tenancy by the entireties is recognized, you would need the signature of both spouses if a married couple owned the CD.
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#1406914 - 06/22/10 10:43 PM Re: Pledging a CD Elwood P. Dowd
rlcarey Online
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Galveston, TX
In Texas, you would have to notify the joint account holder of the CD pledge within 30 days by registered mail, if they do not sign the pledge agreement.
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#1407446 - 06/23/10 10:01 PM Re: Pledging a CD rlcarey
RBanker Offline
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Austin Texas
RLC - that's what I'm looking for, but I'm going to need ammo - can you point me in the right direction for a citation - is that in the Texas Finance Code?
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