Skip to content
BOL Conferences
Thread Options Tools
#968378 - 06/03/08 06:05 PM Social Security Benefits as Loan Collateral
Ms Auditor Offline
100 Club
Joined: Oct 2001
Posts: 148
Upstate NY
Can a customer pledge their social security benefits to secure a loan? This assumes that the bank has already received the social security benefits and would place the money into a CD.

Return to Top
General Discussion
#968460 - 06/03/08 06:52 PM Re: Social Security Benefits as Loan Collateral Ms Auditor
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
I'm not sure of your question. However if I receive SS benefits and I take my monthly benefits from my DDA and place them into a CD I am free to do as I choose with that CD, including pledging it as collateral for a loan.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#968622 - 06/03/08 08:48 PM Re: Social Security Benefits as Loan Collateral Dan Persfull
Ms Auditor Offline
100 Club
Joined: Oct 2001
Posts: 148
Upstate NY
Thanks - that's what I was looking for.

Return to Top
#969170 - 06/04/08 03:42 PM Re: Social Security Benefits as Loan Collateral Ms Auditor
Mint Julep Offline
Diamond Poster
Mint Julep
Joined: Oct 2007
Posts: 1,152
Tennessee
I wouldn't call that a pledge of SS benefits. I'd call that a pledge of a deposit account. I doubt you could contract the government to pay you the SS benefit in the event of default.

SS benefit is personal income, which is usually the source of repayment, also.
_________________________
Just another self-proclaimed expert ...

Return to Top
#969255 - 06/04/08 04:51 PM Re: Social Security Benefits as Loan Collateral Mint Julep
Parrot Mama Offline
Member
Joined: May 2008
Posts: 86
I would say "no" on any type of pledge for social security benefits. In fact, there are regulations that prohibit the bank from debiting a customer's account for a past due payment if the source of income was from a goverment benefit. I would check the rules since I am only vaguely remembering them.

Return to Top
#969297 - 06/04/08 05:29 PM Re: Social Security Benefits as Loan Collateral Parrot Mama
Ms Auditor Offline
100 Club
Joined: Oct 2001
Posts: 148
Upstate NY
Parrot Mama - This is the issue I'm having. We have a customer thats received say $5,000 in social security benefits. This money is sitting in a savings account. Now we wants to borrow $ and put the money from the savings account into a CD to secure the loan. If we need to collect on the loan would we be able to liquidate the CD? I'm looking for some references that might address this issue one way or another.

Return to Top
#969312 - 06/04/08 05:38 PM Re: Social Security Benefits as Loan Collateral Ms Auditor
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
Once the SS benefits are received, the recipient can do anything that they want with the funds. The fact that the CD was derived from SS benefit money has no bearing on whether you can take the CD as collateral for a loan.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#969673 - 06/05/08 10:29 AM Re: Social Security Benefits as Loan Collateral Parrot Mama
Richard Insley Offline
10K Club
Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
Originally Posted By: Parrot Mama
In fact, there are regulations that prohibit the bank from debiting a customer's account for a past due payment if the source of income was from a goverment benefit.

Can you provide the cite so we can take a closer look? Although IRA funds can't be used as loan collateral, I don't remember any "strings" tied to payouts of retirement benefits.
_________________________
...gone fishing.

Return to Top
#969996 - 06/05/08 05:14 PM Re: Social Security Benefits as Loan Collateral Ms Auditor
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
No.

Quote:
42 USC Sec. 407. Assignment of benefits


(a) In general

The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.


Well, maybe the customer could sign a pledge, but you could not enforce it.

As noted, if SSA funds are co-mingled with other funds as in a DDA, "tracing" is a possibility if you were attempting to exercise a right of offset.

However, as has also already been noted, the fact that the time deposit was previously purchased with SSA payments would be no more relevant than the fact that a car used as collateral was purchased with SSA payments.
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top