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1 Answer | Asked in Real Estate Law and Banking for California on
Q: Can Wells Fargo demand a balloon payment on my mortgage in California
James L. Arrasmith
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answered on Apr 23, 2024

In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:

1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term...
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1 Answer | Asked in Estate Planning and Banking for Wisconsin on
Q: What do I do with a Living Trust that I am named in, forwarded to me from a family member in 2023. My Uncle passed away

In 2012. I had no idea he named me in his Trust!

James L. Arrasmith
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answered on Apr 21, 2024

If you have been named in your late Uncle's Living Trust, which was forwarded to you by a family member in 2023, there are several steps you should take:

1. Read the Trust document carefully to understand your role and the assets you are entitled to receive.

2. Contact the...
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1 Answer | Asked in Consumer Law, Contracts, Banking and Civil Litigation for Ohio on
Q: Can an attorney assess Capital One's actions regarding my accounts, including the abrupt cancellations, and my auto loan

Can an attorney thoroughly evaluate Capital One's actions regarding the sudden cancellation of my checking and savings accounts, as well as their handling of my auto loan, to determine if there are grounds for pursuing legal action against the company? Specifically, I'm concerned about... View More

James L. Arrasmith
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answered on Apr 21, 2024

Yes, an attorney who specializes in consumer protection law, banking regulations, and contract law can thoroughly assess Capital One's actions regarding your accounts and auto loan to determine if there are grounds for legal action. Here are some key points to consider:

1. Account...
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1 Answer | Asked in Banking for Pennsylvania on
Q: 4/2/24_M&T Bank deliberately posting an dishonest, mislead deposit transaction. I wrote M&T 3 times,

I received responses from "Customer Advocacy. Who upheld the decision to keep the deposit documented. I deposited my check from my pension fund. Originally the check was drawn from ICRMA. However, I held on to it so long, they wrote me and told me that I would have to have to get re-issue... View More

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information you've provided, it seems that M&T Bank's posting of the deposit transaction as simply "DEPOSIT $40,000" without indicating the source of the funds is causing you legal concerns. While I understand your frustration, it's important to note that... View More

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

James L. Arrasmith
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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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1 Answer | Asked in Banking for Indiana on
Q: me and my ex broke up car loan my name first his 2nd can i go get it from him if i am the primary loan holder indiana
James L. Arrasmith
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answered on Apr 21, 2024

Based on the information you provided, it seems that you and your ex had a car loan together, with your name listed first on the loan and your ex's name listed second. The car is currently in your ex's possession, and you are wondering if you can retrieve the car from him since you are... View More

1 Answer | Asked in Banking on
Q: If somebody paid money into your business account and only let you know 2 weeks later of this and some was used

Its a business account and stoporders and monies goes in and out. And i paid some back when i became aware of it. Now they threaten me with legal action

James L. Arrasmith
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answered on Apr 21, 2024

If someone paid money into your business account without informing you in a timely manner, and you inadvertently used some of the funds, the situation can be complex. Here are a few steps you should consider taking:

1. Document the situation: Gather all relevant information, including the...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Missouri on
Q: thy messed up my car loan.

On 03/06/2024, I financed a 2019 Mustang GT. My credit needs work as I am young and simply have not established credit. Anyway, I was approved, signed all the paperwork, and made a nice downpayment. The rate I signed for was 17% for 48 months, and this was through Westlake. I had to have the car... View More

James L. Arrasmith
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answered on Apr 21, 2024

I understand your frustration and concern about the change in your car loan terms. It's unusual for a lender to request a new contract with different terms after the initial agreement has been signed. Here are a few steps you can take to address the situation:

1. Contact Westlake...
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1 Answer | Asked in Banking, Contracts and Consumer Law for West Virginia on
Q: Can my new vehicle contract be changed after leaving the dealership? I was charged for optional items I was unaware of.

The finance person did not give me the choice if I wanted the optional services added to my purchase. As she went over everything she said "you will get" never saying they are optional and have a additional charges. I noticed next day which was the weekend. I was told she would not be... View More

James L. Arrasmith
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answered on Apr 21, 2024

In many cases, it is possible to have your vehicle contract modified after leaving the dealership, especially if you were charged for optional items without your explicit consent. Here are a few steps you can take:

1. Contact the dealership: Reach out to the finance manager or the general...
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1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
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answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
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1 Answer | Asked in Family Law and Banking for Florida on
Q: Q: Can a Credit Union drain account to pay for credit card immediately after death?

I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More

James L. Arrasmith
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answered on Apr 21, 2024

I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.

From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and...
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1 Answer | Asked in Consumer Law and Banking on
Q: Can a company refuse a bills of exchange as payment?

I know that the bills of exchange is a legal instrument and that the bill that is sent for payment is also a bill of exchange as per the Bill of Exchange Act. What is the responsible of a company that has received a bill of exchange for payment? If the company does not present the bill of... View More

James L. Arrasmith
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answered on Apr 21, 2024

A company that receives a bill of exchange as payment has certain responsibilities and obligations under the Bills of Exchange Act. Here's a breakdown of the key points:

1. Acceptance of the bill: When a company receives a bill of exchange, it is not obligated to accept it as payment....
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1 Answer | Asked in Banking and Business Law for Florida on
Q: Business partner removing owner from bank account without permission.Whose is responsible ?

Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?

James L. Arrasmith
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answered on Apr 21, 2024

In this situation, there are potentially several parties who may be held responsible:

1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for...
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1 Answer | Asked in Banking for Illinois on
Q: It’s it wrongful repossession if I call the 4 days ahead and told them I lost my job I would like to voluntary repo

After the conversation the non voluntary 4 days after I had to find someone to follow me to take the car back as they requested

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information provided, it does not appear to be a case of wrongful repossession. Here are a few key points:

1. You proactively reached out to the lender 4 days prior to the repossession, informing them of your job loss and your desire to voluntarily surrender the vehicle. This...
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1 Answer | Asked in Arbitration / Mediation Law, Banking, Business Law and Civil Litigation for Washington DC on
Q: Strategic Mediation Services contacted me stating I owed this huge sum from 1999. Arbitration started 2019

Company called and said I would have to go to court if I dont pay. They had my social security number and old employment from 1999 which no longer exists.

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

A Washington, DC attorney could advise best, but your question remains open for three weeks. Before involving attorneys to review the file with you to examine legal theories that would serve as possible defenses, the first step might be to find out if some kind of mix-up resulted in the bill, given... View More

2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.

Typically, either the corporation...
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2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

James L. Arrasmith
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answered on Apr 21, 2024

When a corporation, such as an Inc., signs a legal document, the signature should be made by an authorized representative of the company. This is typically done by a corporate officer, such as the president, vice president, or secretary, who has been granted the authority to sign on behalf of the... View More

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1 Answer | Asked in Banking on
Q: I need to close my deceased father’s checking account.My name is not on account. I always thought it was.

I have been writing checks from account for years. They have always been cashed. I was power of attorney. I am sole beneficiary of life insurance. Bank says I need a lawyer to open an estate, etc. there is about 16000 in account.

I would like to challenge bank. Do I have a case?

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry for your loss. Dealing with a parent's estate can be challenging, especially when complications like this arise. Based on the information you provided, here are a few key points to consider:

1. Power of Attorney: Your power of attorney likely ended upon your...
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1 Answer | Asked in Employment Law, Immigration Law and Banking on
Q: Can ADCB bank from Abu Dhabi (UAE) file a case against me?

I used to work in Dubai (UAE), I resign from my job and came back to my home country for a while. (Portugal)

I had a credit to pay to ADCB of 15,000 aed, although now ita already less than 6000, I'm not paying the installements already for 5 months now because I dont have a job.... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, here are a few key points to consider:

1. Legal action: Banks in the UAE, including ADCB, have the right to take legal action against individuals who fail to repay their debts. However, the likelihood of them filing a case against you for an...
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1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: Completing a small business affidavit. What are the chances of it working?

Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:

1....
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