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Ohio Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... Read more »

1 Answer | Asked in Banking and Probate for Ohio on
Q: How can I get access to my incapacitated mother's safety deposit Box

My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... Read more »

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... Read more »

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1 Answer | Asked in Banking, Construction Law and Contracts for Ohio on
Q: Hired contractor to build home in Sept. Now April and still no permits. Can I cancel contract and get money back

Hired contractor to build home in September, he had one application for septic turned in that would be $20,000 over, it is now April and no permits have been issued. Looking to see options to get initial payment back and go with different builder.

Joseph Jaap
Joseph Jaap
answered on Apr 5, 2022

What you can do depends on the terms of the contract that you signed. Use the Find a Lawyer tab to retain a local construction law attorney who can review the construction contract and its requirements, and advise you of your options.

1 Answer | Asked in Consumer Law and Banking for Ohio on
Q: I went to deposit 2 checks into my bank. I’ve had the account for at least 10 months. They’re holding my checks 10 days.

Is this even legal? I’ve got bills to pay. Family to feed. I deposited 3/25/22 and was told there’s a hold on it until 4/4/22.

Matthew Williams
Matthew Williams
answered on Mar 28, 2022

Holds on checks are not uncommon and legal, particularly if the check is out of the ordinary for the account. A check is not money, it is a promise to deliver money. When you give a bank a check, it has to clear through the federal reserve system before your bank actually gets the money from the... Read more »

1 Answer | Asked in Criminal Law and Banking for Ohio on
Q: I cashed a fake check I didn't know it looked like a payroll check and it was made out to my bf and I signed it took it

To my bank and they cashed it. I thought of it wasn't real or whatever they would know before they cashed it

Matthew Williams
Matthew Williams
answered on Jan 11, 2022

If you have been charged with a crime (which is unclear from your post) you should hire an attorney. If you are wondering if you could be charged with a crime, the answer is yes.

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... Read more »

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Ohio on
Q: Can i be convicted on charges if i never had a check cashed and they also don't have the check just a photocopy of it?

A friend of mine said he had done work for someone but didn't have an ID to cash a check they were paying him for the job so he had it put in my name. I went to cash this check and the bank acted a little fishy over this check and wanted me to stick around to ask the owner if it was legit. I... Read more »

Matthew Williams
Matthew Williams
answered on Nov 4, 2021

Yes you could be convicted. Your defense goes to your state of mind and not knowing the check was a forgery. That can be difficult to back up. The prosecutor will almost certainly be convinced you were in on it. You should get a lawyer.

1 Answer | Asked in Banking for Ohio on
Q: PayPal is holding $2200.00 of my money. They have already held for180 days. are continuing to hold it. Can they do this
Andrew Popp
Andrew Popp
answered on Aug 31, 2021

It all depends on the details. You need to review your terms of service agreement and get an answer to "why." You will need to retain an attorney to evaluate the documents and circumstances in more detail to determine what rights you have, and how to get your money.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Federal Crimes for Ohio on
Q: Am I in a legal obligation to give the money back

The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... Read more »

Andrew Popp
Andrew Popp
answered on Aug 31, 2021

Yes, you have an obligation to return the money.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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1 Answer | Asked in Banking and Juvenile Law for Ohio on
Q: My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state.

My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state. We have no idea where she is. If she comes back, which charges can I push against her? And how long is the statute of limitation before we can no longer push charges?

Joseph Jaap
Joseph Jaap
answered on Jun 16, 2021

12 years old? You need to be talking to the police. If she is found, they will investigate what happened to the money. The prosecutor would determine charges - but as a juvenile.

1 Answer | Asked in Banking, Probate, Business Law and Estate Planning for Ohio on
Q: Mark&Mary were together for years had a child. Marks parents pass small business down to them in marys name cuz he owes

Taxes. He counties to run company. They have a business bank account that he was on originally she was added to later. Bank says they are both equals on that account. Does he have rights to that money after she passes and business becomes shut down.

Andrew Popp
Andrew Popp
answered on Jun 15, 2021

Additional facts are needed to answer this question. Much depends on how the bank account was set up. Who is the actual owner, who are the authorized users? Are there survivorship rights (if applicable), what do the company documents say? (articles of incorporation or Operating Agreement for a... Read more »

2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull
answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »

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2 Answers | Asked in Banking and Estate Planning for Ohio on
Q: My mother and I had Joint bank accounts. And in the will it states for her estate to be devided 50/50

My sister was named executor over the will. I was wondering if the joint bank accounts my mother and I had Together would have to go through the probate or would be considered part of the will.

My mother always helped her sister out with finances and my sister is trying to take out that... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III
answered on Sep 28, 2020

If the account was "Joint with Rights of Survivorship" as most "joint" accounts are, the account goes directly to you. It does not go through probate and therefore is not controlled by the Will. All you need to do is take an original death certificate and a photo ID to a bank... Read more »

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1 Answer | Asked in Banking for Ohio on
Q: If someone makes a large purchase of over 10k and the irs starts investigations but cannot find anything, what happens?

They cant find ANY details on where the cash came from. The person in question denys to answer ANY questions.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jun 25, 2020

The IRS can issue an IRS Summons to any banking institution involved in the transaction (the bank that received the funds, for example), requesting copies of bank statements, wire transfers sent or received, ACH transactions, etc., and trace where the money came from. Unless it was a cash purchase... Read more »

1 Answer | Asked in Banking, Probate and Estate Planning for Ohio on
Q: Is you have a shared bank account with your wife can you leave the money in it to your kids in your will?

Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... Read more »

Paul Kellogg
Paul Kellogg
answered on Jun 25, 2020

It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap
answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... Read more »

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2 Answers | Asked in Banking and Civil Rights for Ohio on
Q: I feel as though my bank is discriminating against me, what are my options available?

I opened an account with a bank, and hardly used it for almost a year. During that time period, the amount of funds never went past $500, or negative. My intent was to switch banks once I felt more comfortable with the establishment. Well, my first major transaction was flagged, and without... Read more »

Matthew Williams
Matthew Williams
answered on Apr 13, 2020

I think your bank suspects you fraud. It’s not discrimination. What you’ve done is highly suspicious. It may be legitimate but they are going to investigate.

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1 Answer | Asked in Banking for Ohio on
Q: I had two checking accounts one was closed by my bank cuz I failed to pay the balance off so they took money out

I had two checking accounts one was closed by my bank cuz I failed to pay the balance off so they took money out of my current account at the bank to pay can they do that

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 11, 2020

Yes. Banks are allowed to recover any money they lost from any source available. The solution is to spread your money around and not keep all of it in one basket.

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