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1 Answer | Asked in Contracts, Real Estate Law and Banking for Minnesota on
Q: What is the likelihood of Obtaining a Lein Release with a remaining balance after Mortgage Company goes out of business?

I took out a 2nd mortgage in September of 2007 with Beneficial Loan and Trust. Shortly after this, they went out of business. I tried to make payments and contact them, but my payments were returned and was never able to get a hold of anyone. I waited for documentation of transfer, assumption,... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jul 19, 2022

More than likely the best course to take is to hire competent MN attorney to file a Quiet Title Action. Lapse of the SOL should be a strong argument that the Mortgage/Deed of Trust should not remain against the real property. You are asking the Court to declare the Lien released.

0 Answers | Asked in Criminal Law and Banking for Iowa on
Q: So if on today (Mon.) the event that triggers a deadline occurs when is the 5 business day deadline?

The rule is to "exclude the 'first day'."

0 Answers | Asked in Banking and Lemon Law for California on
Q: Lemon Law the check is on both my name and sister in law she used my credit but she had the car am I entitled to money

The check was to be 20,000 but she had to surrender the car. After years of asking her to take me off the car loan because she got it fraudulently by taking advantage of my mental health at the time she refused and then wanted me out when money was involved

She ended up trading the car now... Read more »

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: Can a credit union refuse to replace a credit card or debit card, because of excessive fraudulents on your account?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 16, 2022

Yes. IMO, you should be happy you are a member of the credit union. Most financial institutions are harsher than credit unions: state and federal banks just close your accounts and do not let you do any more business with them, ever.

1 Answer | Asked in Gov & Administrative Law, Banking and Child Support for Michigan on
Q: Can a bank legally take money from my account that was a veterans disability back payment. And send it to child support

I’ve been actively making my monthly child support payments and I got a lump sum va disability payment. my bank held and took funds to send to my child’s mother via child support office .Is this lawful?

Brent T. Geers
Brent T. Geers
answered on Jul 8, 2022

Likely yes. First, your bank didn't do anything except comply with a presumptive lawful order issued by a court. Your issue is with the court, not the bank.

VA disability is considered income for child support purposes, and so is subject to garnishment.

I would suggest you...
Read more »

2 Answers | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Regarding public record

Can I go to court and request my information and home title be private due to fraud since it is so easy for someone to steal a home due to public record and all information available to criminals, because there is no protection for an innocent person by the law? Thank you and think for your help.

Nellie T Schulz
Nellie T Schulz
answered on Jul 5, 2022

The deed to your house is not kept at a court, but is publicly recorded and maintained at the Office of the Recorder of Deeds for the county in which your house is located. I don’t know of any way a court could do anything to prevent beforehand anyone from preparing, selling, or recording a fake... Read more »

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1 Answer | Asked in Banking and Constitutional Law for Maryland on
Q: Are bank account maintance fees constutional?
Mark Oakley
Mark Oakley
answered on Jul 2, 2022

They are not unconstitutional.

1 Answer | Asked in Consumer Law, Small Claims and Banking for Oregon on
Q: If you wire transfer money to someone and then realize it was fraud, how can you file a complaint to the court

if you don't know their physical address?

Gregory L Abbott
Gregory L Abbott
answered on Jun 29, 2022

You can file a complaint with your local police, with Oregon's Attorney General Consumer Fraud Division (can file online), and with the FBI who has a task force specifically aimed at this sort of fraud. All that said, the odds are extremely remote that any of them will actually do anything... Read more »

2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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1 Answer | Asked in Banking for Tennessee on
Q: I work for a credit union in TN, how do we determine "next of kin"? And, what happens if there are multiple children?

We are faced with this occasionally. There is less than $15000 in an account, no funeral expenses, or last medical bills, no surviving spouse, and multiple children. Do we split the funds between the next of kin or does it go to the first one that contacts us?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 29, 2022

You have to comply with the Intestate Succession Statutes T.C.A. Sections 31-2-101 et seq. Claims against a Decedent are rarely your concern, and you will know one by a Court Levy. Giving money to the first claimant all the time will get you sued for Conversion. Hire a competent attorney on... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

1 Answer | Asked in Estate Planning and Banking for Georgia on
Q: Are gold bond stamps worth anything now?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 28, 2022

Apparently they are. A quick internet search revealed this:

To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...
Read 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

4 Answers | Asked in Banking, Bankruptcy, Business Law and Contracts for California on
Q: Do I need a bankruptcy lawyer

Do I need a lawyer to help with a foreclosure

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 24, 2022

Whether you’re a landlord or tenant in the foreclosure process, it is advisable to consult a lawyer. The foreclosure process can be complex and you may need adequate legal representation to guide you along the way.

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1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

3 Answers | Asked in Employment Law, Criminal Law, Banking and White Collar Crime for Texas on
Q: Don’t work for a company and that “company” sends you funds (cash app) can you keep it?

I’m being threatened by a make believe company that they will report me for stealing company funds. I do not legally work for them and they sent me funds over cash app. Since it was sent from cash app is it legally mine? They wanted me to be a money mule for them and convert it to Bitcoin for... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

Absolutely do not give this company any of your personal information. They are trying to phish you or obtain your personal details. There is a way on the cash app., I believe, to return the money, decline to accept it or report it as fraudulent. I would explore those avenues. The cash is not... Read more »

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1 Answer | Asked in Consumer Law and Banking for California on
Q: I'm needing a Consumer Protection lawyer - pro bono in California. Chargeback dispute with Bank of America
Leon Bayer
Leon Bayer
answered on Jun 17, 2022

I am sorry you are having this problem. However, the description of a "chargeback dispute" tells us nothing about the merit or lack of merit concerning your claim. I suggest you submit a new question and provide some brief details, and you should then get some helpful advice.

2 Answers | Asked in Banking, Bankruptcy and Collections for New Jersey on
Q: Hi, I have about $100k in business credit card debt(a total of 11 credit cards). I am the personal guarantee for all

of them. All cards are current and I am still making payments, but not getting no where with the interest rates.

Can I negotiate with the banks for a lower amount?

How will this impact my personal credit and my business credit (Dun & Bradstreet)? If I am not able to satisfy the... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 16, 2022

If your credit accounts are current, of course you can approach the credit card issuers with a request for a lower interest rate, but your chances of success are dim when the Fed is raising rates steeply toward a tentative goal of 5.5% by year's end (that's the prime rate, and most credit... Read more »

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