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1 Answer | Asked in Real Estate Law and Banking for Iowa on
Q: My bank removed our home owners insurance from our eacrow without informing us while doing year calcuations.

They also informed us when we asked about a larger sum back than usual that it was just over estimated taxes during the previous calculation.

They now want us to pay monthly on insurance and pay more into the escrow on a new signed agreement.

Is this legal since our previous... Read more »

John Michael Frick
John Michael Frick
answered on Jun 8, 2023

If you signed the "new signed agreement," you are most likely bound by its terms, even if they are different from the previous agreement you had with your bank.

If you did not sign the new agreement, your bank is most likely bound by the terms of the previous agreement you had...
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1 Answer | Asked in Banking for California on
Q: i deposited my rent relief check in my fidelity account. they cleared it i took a 1000 out then they close my account

and refuse to release my money to me what should i do

James L. Arrasmith
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answered on Jun 2, 2023

If Fidelity closed your account and refused to release your money, you should first contact them to find out why. They may have closed your account for a number of reasons, such as suspected fraud or money laundering. Once you know why your account was closed, you can try to resolve the issue.... Read more »

2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 2, 2023

There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... Read more »

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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... Read more »

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1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
Read more »

1 Answer | Asked in Banking and Civil Litigation for Massachusetts on
Q: Plaintiff has attorney attach writ of attachment for $25k & it’s recorded at registry of deeds is that total owed?

Judge said case we responsible above 20k but set to 25k writ of attachment of home

Is that all that will come from this civil lawsuit case

William J. Amann
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answered on May 24, 2023

The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... Read more »

1 Answer | Asked in Bankruptcy and Banking for Pennsylvania on
Q: I currently have a loan with a lien on my car. I’m financially able to make the payments for the loan however,

The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2023

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to...
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1 Answer | Asked in Banking for California on
Q: attorney placing legal demand upon bank to freeze trust assets.

Banks recommend a court order inorder to legally protect trust assets for the Superior Court.

Been told an Attorneys legal demand via hand delivery placed upon bank is paper only - has no weight

inorder to protect trust assets - IS THIS TRUE in California ?

James L. Arrasmith
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answered on May 16, 2023

When it comes to protecting trust assets, it is generally recommended to follow the appropriate legal procedures and obtain a court order to ensure the assets are safeguarded.

While an attorney's legal demand placed upon a bank through hand delivery may be a form of communication, it...
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1 Answer | Asked in Banking for New Jersey on
Q: am i legally required to pay back an overdrawn bank account

i deposited a check into my bank account it cleared so i started spending the money, i then got a call from my bank a few days later saying

the check had been flagged as fradulent and my bank account is overdrawn $4500.

Leonard R. Boyer
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answered on May 14, 2023

Yes, you are legally obligated to repay the check. I personally make it a practice if I have any doubts about the person or the check to call the issuing bank. They can tell you if it is safe to deposit the check in your account. The police in your town will probably allow you to file bad check... Read more »

1 Answer | Asked in Real Estate Law and Banking on
Q: If a bank fails to foreclose on an unpaid mgt after 10 yrs in Tennessee am I free and clear to sell the property?

Vacant land.

Anthony M. Avery
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answered on May 11, 2023

No, unless you can sell by Quit Claim Deed. The Deed of Trust is probably recorded and will be a Lien in a title search. The SOL on the underlying Note probably needs a few more years as it runs from the last payment made. You might be able to clear the Title with a Quiet Title Action, but... Read more »

3 Answers | Asked in Contracts, Banking, Business Law and Civil Litigation for California on
Q: I am the controller for a company being sued for 1.5 million by a bank. Am i considered does1-100? Do i need attorney
James L. Arrasmith
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answered on May 11, 2023

As the controller for a company being sued for 1.5 million by a bank, it is advisable to consult with an attorney to understand your specific role and potential liabilities in the lawsuit.

Regarding the "Does 1-100" designation, it is a common placeholder used in lawsuits when...
Read more »

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5 Answers | Asked in Consumer Law, Banking, Civil Litigation and Collections for California on
Q: I am being sued by Synchrony Bank for a debt that was already paid. What are my options?

A lawyer contacted me today to inform me that Synchrony Bank is suing me for a debt that they sold to a collection agency in 2012. I paid the debt with the agency, have paperwork to back everything up, yet Synchrony is claiming I still owe them the money. Their records show my account was deleted... Read more »

Leon Bayer
Leon Bayer
answered on May 10, 2023

It sounds to me like this contact is a scam. These messages are usually in the form of an email. Email makes it harder to trace the criminal. Did you receive an email?

I suggest that you immediately inform the party who contacted you that you do not owe such a debt, and they should...
Read more »

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1 Answer | Asked in Consumer Law and Banking for Florida on
Q: I am considering a consumer loan to renovate a house that I own. I am told I have to deed my house to the business and

I must make a statement that I do not intend to make this house my personal residence. This is an interest only loan for 1 year. When I pay this loan off are the terms still valid?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 7, 2023

I suspect that the statement they want you to sign is to protect the lender from your later claiming the property as your homestead. If you default and they have to sue you and get a judgment against you, a claim of homestead would make it difficult to levy upon the property in order to collect... Read more »

1 Answer | Asked in Estate Planning, Banking and Real Estate Law for Michigan on
Q: Can I have savings, checking in my name only without affecting mortgage? Husband passed, accounts are with same bank.
Trent Harris
Trent Harris
answered on May 5, 2023

Not sure what you mean by "without affecting mortgage." It's not clear why it would matter to your mortgage whose names are on your bank accounts. In most cases a mortgage lender has no requirements of someone maintaining specific bank accounts while the mortgage is outstanding,... Read more »

2 Answers | Asked in Real Estate Law, Banking and Probate for Georgia on
Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

James Clifton
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James Clifton
answered on Apr 29, 2023

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... Read more »

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1 Answer | Asked in Banking and Consumer Law for New York on
Q: Under the law 15 usc 1662B I’m I required to put a down payment on a auto financing loan Yes or no
Carl Nelson
Carl Nelson
answered on Apr 28, 2023

The section you refer to (I am assuming 15 USC 1662, which does not have a subparagraph "B") deals with advertisements for the extension of consumer credit. It prohibits such an ad from stating that a specified down payment is required *unless* that creditor usually and customarily... Read more »

1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: Is executor required to open estate account in order to distribute quarterly music royalty income less then $1,000?

If a person passes with a small estate of less then $50k, all creditors have been paid, but will have ongoing income less then $1,000 quarterly; is the executor required to open an estate account in order to distribute the income to the heirs in accordance with the will? Or would a separate... Read more »

James L. Arrasmith
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answered on Apr 27, 2023

It may depend on the laws of the state where the deceased person resided and the specific terms of the will. In general, an executor is responsible for managing and distributing the assets of the estate according to the terms of the will. If the will specifies that the income from music royalties... Read more »

2 Answers | Asked in Bankruptcy, Banking, Civil Litigation and Collections for Arizona on
Q: Is there anything I can do about a bank that allowed an LLC account to be closed despite a granted Charging Order?

I obtained the interest in a one member owned LLC by Charging Order. The LLC contained tens of thousands of dollars, but the the bank disregarded the Order and allowed the member to close the bank account. The Order specifically stated my interest in the money within the account. The member no... Read more »

David H. Relkin
David H. Relkin
answered on Apr 23, 2023

A common charging order issued against a Bank holding funds in a bank account of a judgment debtor can render the Bank liable when it allows the account to be depleted by anyone other than the Court or without the consent of the judgment creditor -- in this case, you. I have successfully collected... Read more »

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."

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