Yet Another Safe Thread

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I'll second on Hugh Wood. Good folks to deal with.

 

Have you read a contract, or just believing what you would assume?

 

Depends on what is written in the contract you signed.

 

Good luck!

 

In my state, they give folks lots of time to claim the contents of the box. They just want any rent due on the box. Every few years there is a Sheriffs auction but they advertise the names that may have claim to the contents.
Funny story. One year they advertised a coin as being counterfeit. That didn't go well and the coin was pulled from the sale.

 

Correct, reason: The contents do NOT belong to the bank, and they cannot be liquidated to pay the bank's debtors.

 

I have, but apparently you haven't. Here's a typical one:
https://www.bankofamerica.com/content/documents/deposits/safedepositbox_disclosures.pdf

Read the section with the heading "CONTENTS NOT INSURED."

No, you are not a creditor of the bank, nor is the bank a bailee. The bank has no right to handle or control the contents unless a) you fail to pay the rent, b) in response to a properly executed warrant, or c) the bank reasonably believe contents present an immediate threat or offense.

https://malegislature.gov/laws/generallaws/parti/titlexxii/chapter158/section17

 

In reply to Paddy54, the only thing you have to worry about if if the safe PREVIOUSLY stored firearms or ammo. I purchased a very large safe in 1999 and have stored my coins in there since and have no signs of contamination. A friend of mine (who was a dealer/collector) that has since passed away had 6 such safes and when he passed away his daughter had to have the contents evaluated for purposes of dispersal of the wealth between she and her brother. I ask her who she had evaluate the coins and it was a well known company and they detected no damage to the coins. The coins were valued upwards of 1.8mil, she did not give the exact # and I did not ask. Perhaps it is the manufacturer of the safe, but thus far I have seen on problems.
Semper Fi
Phil

 

Really surprised to hear sheriff departments at some local municipalities can auction safe deposit contents.

In Florida, the bank has to hand over any unclaimed property to the State and then the State liquidates it at a live (usually) public auction.

(The next one is scheduled for the beginning of August I believe.)

 

But if the bank is closed, how do you get in to get your stuff?

 

In the U.S. it depends on how it closes:

• If the multi-branch bank decides to shut down a branch, they send a notice to all box holders well ahead of time. A typical notice includes dire warnings about what happens if you fail to remove the contents -- typically they drill out the box and turn the stuff over to the state's unclaimed property division.
• If the bank goes into insolvency or is seized, the FDIC steps in. They find another bank to take over the branch either temporarily or permanently and the bank reopens on the next business day or the day after. If the opening is temporary, they send out a notice as above. If permanent, then they assume the lease agreement and when it's time for renewal, you get to deal with a new contract with new terms and often at a new price.
• If they close a branch temporarily, as happened to my branch during the COVID shutdowns, you have to make an appointment to visit your stuff.

So basically, if you put your eggs into one basket, you'd damn well better pay attention to that basket.

 

This is what it says on www.fdic.gov:

What if the bank has failed?

If the bank recently failed, the FDIC or the bank that assumed the failed bank’s business may have the account or safe deposit box contents. After a period of time, the FDIC or the bank must transfer unclaimed property to the state. Federal law requires unclaimed deposit accounts to be transferred to the state after 18 months, and state laws differ on the period of time after which contents of safe deposit boxes must be transferred.

So I guess you just have to prove what is yours.

 

You had to look a little deeper at that site:
https://www.fdic.gov/consumers/consumer/news/cnfall09/five_things.html

Quoting:
4. If the bank fails, you'll still have quick access to your safe deposit box. In general, the full contents of your box should be available the first business day after the bank closes.

 

Everyone knows it’s decided in court if there are two different interpretations. It just depends on how much someone is willing to pay to prove if they are right.