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New York Banking Questions & Answers
1 Answer | Asked in Banking and Civil Litigation for New York on
Q: legal protections on loan

i took out a loan via reddit(im in ny they are seemingly based in canada) 2000cad for 7750 cad repayment in installments

unfortunately with a sick grandmother and being disabled the debt and subsuquent repayments have become crushing i wish i hadnt taken out the loan but i was desperate at... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 30, 2023

Usury might be a defense, along with enforceability of the note. Consult an attorney to evaluate your case.

3 Answers | Asked in Banking and Real Estate Law for New York on
Q: If there is a sole borrower on a mortgage, but multiple on deed is it legal for the borrower to be removed from deed ?

A father bought a house. Signed a portion of the deed over to two children causing 3 people to be on the deed but dad was sole borrower in mortgage . Dad gets sick … kids removed him from deed without his knowledge but he is sole borrower on mortgage. Will bank holding mortgage have an issue... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

Absent some sort of fraud, there is no way the two children could have removed their dad from the deed without his knowledge and consent.

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I'm not your lawyer, and unless you retained me, this answer is for informational purposes only. You should consult with an...
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1 Answer | Asked in Criminal Law, Family Law, Banking and Domestic Violence for New York on
Q: My spouse withdrew 11grand out of joint account, without me knowing now and won't say what did with it? Legal or what

He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 28, 2023

"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for New York on
Q: I am the beneficiary on my deceased sister’s POD bank account. Do I have the right to get a copy of bank statements?

The bank said only the executor of the estate can get it. Aren’t beneficiary accounts outside the realm of the estate and the executor? My sister lived in Arizona when she passed. I live in NY. The bank account is in South Carolina (where she used to live) The executor of the estate, a friend in... View More

Elaine Shay
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Elaine Shay
answered on Feb 24, 2023

Questions about Estate matters are controlled by the law of the State where the decedent resided at the time of death. Therefore, although you may live in New York, your question is better directed to attorneys practicing in the State of your late sister's residence.

1 Answer | Asked in Real Estate Law and Banking for New York on
Q: Can a bank claim escrow shortage but say you can't pay the entire shortage in full to raise payment

The bank is saying we're short in escrow $400 but also trying to raise our monthly payment by $8.78 saying we can't pay the entire shortage to remain at the same payment we have. We'd rather pay the $500 we're actually short to remain at the same payment but they're saying we cannot do this.

Elaine Shay
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Elaine Shay
answered on Feb 6, 2023

Generally, yes because the shortage indicates the current monthly payments you are making are not sufficient to meet the escrow obligation.

1 Answer | Asked in Banking, Business Law and Internet Law for New York on
Q: Stripe hold my money for 18 months already on my social media agency account and I need help releasing the money

About 5000$ in hold

Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

I would need to review with you the documents on your account dashboard for the reason for the hold. Depending on what my investigation uncovers we may issue a legal demand letter to the Stripe legal department.

1 Answer | Asked in Contracts, Divorce and Banking for New York on
Q: Car loan?

In June, 2022 I bought a new car. The bank wouldn’t approve me for a loan on my own so I had to have someone co-sign. My only option was my ex boyfriend. He co-signed for me but now he’s about to go through a divorce and is saying he’s going to put my car on the list of assets for his court... View More

Michael David Siegel
Michael David Siegel
answered on Oct 31, 2022

You are not going to get his name off unless you fully refinance. It is also his car for purposes of the divorce. There is nothing you can do but keep paying. If you pay, you cannot lose the car.

1 Answer | Asked in Banking and Collections for New York on
Q: Hello I received a check from Wells Fargo because a few years ago they messed up and car was impounded.

I have a letter that explains it not sure if I could get more money?

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2022

The facts aren't fully clear here, but this sounds like it might involve a repossession action. Your question remains open for five weeks - you could try reposting and adding Banking & Collections as categories. There's no guarantee of a response - most attorneys would ask to see... View More

1 Answer | Asked in Banking for New York on
Q: Is it legal to use a fake credit card if i don't spend money on it
Tim Akpinar
Tim Akpinar
answered on Jul 10, 2022

It's probably best not to. An attorney who works in banking could probably give you detailed reasons not to, but anything fake or false like that in terms of credentials, ID, etc. is best to avoid. Good luck

1 Answer | Asked in Criminal Law, Banking, Business Law and Identity Theft for New York on
Q: hi. My wife took an imposter to sign on my behalf at a check cashing place.

the check was deposited into an account ,she claimed the person who had the same first name and last name as me as her husband to cash out $2400 stimulus check in may of 2020,I came to find out about the check cashed in march 2021,Irs sent me a check copy in August 2021,I made a police report but... View More

Richard W. Noel
Richard W. Noel
answered on Mar 2, 2022

If I was in your situation, I would gather all of the information, hire a civil attorney, and sue her and the imposter for the amount of money stolen, as well as the cost for litigation. After filing the suit, I would also subpoena the place for footage of the transaction. Hopefully it still... View More

1 Answer | Asked in Family Law and Banking for New York on
Q: My son, who is incarcerated, gave me Durable Power of Attorney to cash stimulus check of $1400, can't get cashed

Citizens bank, where I have an account, will not allow me to cash it or deposit the check even with the Durable Power of Attorney. My son marked on it for banking transactions, retirement benefit transactions and tax matters. I also have his state issued ID. I've been searching for other... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2021

Go to his bank, endorse the check by signing the back of the check "his name by your name, his agent" or "his attorney in fact" and bring the power of attorney with you. The bank should have no problem cashing it unless it is for a large amount, in which case you may need to... View More

1 Answer | Asked in Banking and Real Estate Law for New York on
Q: My spouse passed away. Both names on mortgage. My name primary. Do I need to change the mortgage contract?
Michael David Siegel
Michael David Siegel
answered on Sep 3, 2021

No. Just keep paying. If you are both on deed, same answer. If not, you may need to do an estate proceeding.

1 Answer | Asked in Banking and Probate for New York on
Q: Person not participating in inheritance procedures.

My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... View More

Elaine Shay
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Elaine Shay
answered on Aug 2, 2021

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

1 Answer | Asked in Banking, Insurance Bad Faith and Insurance Defense for New York on
Q: what to do if my bank refuses my father's life insurance claim?

My father's bank refuses to pay me by telling me that my father did not contributed the last months before his death without giving me any official paper or proof. My father contributed to this insurance for more than 30 years and it's a shame not to get any penny..

Tim Akpinar
Tim Akpinar
answered on May 9, 2021

I'm sorry for your ordeal that makes a difficult situation even more painful. It appears you've already requested records. It's difficult to offer step-by-step instructions here, as the next step could possibly require litigating the claim, depending on the situation. Reach out to... View More

1 Answer | Asked in Consumer Law and Banking for New York on
Q: chase froze my personal joint account with my wife saying i cant get sba loans and grants deposited in ac without notice

i am uber driver where we dont need EIN NUMBER & BUSINESS ACCOUNT & sba qualified me for loans & grants and chase has issues saying they gonna keep the funds which includes my savings and wife salary too i dont have any source of income to run my family

Michael David Siegel
Michael David Siegel
answered on Apr 28, 2021

It is not being frozen due to the PPP loan. There must be some other issue or judgment.

1 Answer | Asked in Banking for New York on
Q: i send a wire and I enter the wrong account number what can i do ?

and my bank tried to contact that person but the that person ignoring

we send that through Chase to Citibank and Citibank don't went to talk to me

so the bank tell me that is nothing to do

Michael David Siegel
Michael David Siegel
answered on Apr 23, 2021

The wire should have been rejected if the name on the account did not match the account number. Are you sure it went through?

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... View More

1 Answer | Asked in Banking for New York on
Q: Is it illegal in NY to lie about personal information when applying for a credit card?

For example in this instance, the person filling out the application for the card put the card in their child's name (their child is a minor and not allowed to have a card of his own) and in their social security number. The card is connected to the child's bank account and the rest of... View More

Tim Akpinar
Tim Akpinar
answered on Dec 25, 2020

As a general matter, it could violate fraud laws involving financial institutions, in addition to violating terms of service and conditions for the card. It would probably be better for the adult to find a credit card company that offers the option to take out an additional card for a family member... View More

1 Answer | Asked in Banking for New York on
Q: Hi.sir please tell me how to proceed my PayPal account activation mechanic card master,visa card?

Please give a common number for outbroad number

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2020

The customer service representatives at PayPal (possibly together with those at Master Card or Visa) would probably be more knowledgeable about this, since it would involve the company's own standard operating procedures. Most attorneys would not be familiar with this as general information.... View More

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