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California Banking Questions & Answers
2 Answers | Asked in Banking and Probate for California on
Q: my son past away recently i am over my head of what to or where to start with his bank acc,pay check, pension,dmv,life i
Ali Shahrestani,
Ali Shahrestani,
answered on Apr 18, 2017

You may need to hire an attorney to handle these issues. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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1 Answer | Asked in Banking and Business Formation for California on
Q: Is it required that officers and/or Directors of California banking institutions reside in California?
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 3, 2017

I see no legal basis for that. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

3 Answers | Asked in Banking, Business Formation, Business Law and Criminal Law for California on
Q: Business partner has raised $$$$ for our biz. But spent it on personal, without putting into company account. Need help!

Me and my business partner together met people interested to loan money in our company. He later received money from them and spent it away on his personal stuff. He later setup the business account in the bank with just 10% of the money. He claims his expenses were legitimate, but not giving any... View More

Amir Sam Dibaei
Amir Sam Dibaei
answered on Feb 22, 2017

There are a few facts missing. How is your partnership structured? Are you also liable for the loan?

Assuming you were partners and you are also liable for the loan you would have a cause of action for conversion, fraud, breach and possibly breach of fiduciary duty.

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1 Answer | Asked in Banking, Stockbroker Fraud, Business Law and Contracts for California on
Q: Is there a Cali law citing investment brokers or persons with SEC license owe"duty of care" to disclose material info.

Investment broker recommends an investment that turns out to be a fraudulent scheme and broker knew or should have known the project was a scam.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

You may be able to sue for negligence, if not fraud (since you say the broker "knew"). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Banking and Landlord - Tenant for California on
Q: What does a landlord do with your bank account details on the application form?

A potential landlord has told me he looked into my bank account and saw my balances however he is still asking for statements.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 10, 2017

This may be part of a rental application to verify your assets. See: http://www.dca.ca.gov/publications/landlordbook/looking.shtml

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more...
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2 Answers | Asked in Banking for California on
Q: I'd like to sell my son's house

- but my daughter in law hasn't paid the mortgage in a couple of months. Am I still allowed to put it on the market?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

Do you own the house? More information is needed here. If the mortgage falls into default, of course it could become quite difficult to sell the house with that on the record. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website.... View More

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2 Answers | Asked in Consumer Law, Family Law and Banking for California on
Q: Fight Bank of America? BOA sponsors my wife's drinking habits, which does damage to myself and my kids

My wife has not worked until recently for the last 8-10 years, but got 10K credit line from BOA (we used her card to pay for vacations). When kids were born 6 yrs ago she developed strong drinking habits, but very time I tried to restrict her access to our bank account she were getting out HER... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 14, 2017

You can't dictate others' spending habits, but you may be able to file for custody rights based on her drinking issues. If you're still married, you may consider signing a separate property agreement with her to keep her debts separate from yours. The best first step is an Initial... View More

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1 Answer | Asked in Banking and Consumer Law for California on
Q: can my bank get into trouble for lying to me about The availability of funds?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

If they in fact lied to you, they may have committed fraud and violated various banking and Business & Professions laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

2 Answers | Asked in Banking for California on
Q: How hard is it to add a person to my mortgage?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 7, 2017

You'll have to seek a modification of the terms of the mortgage with the bank, which will potentially lead to a loan refinance. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about... View More

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2 Answers | Asked in Banking and Consumer Law for California on
Q: I am an authorized signer on The bank account of my late grandmother. Can I write a check?

I am also a benificary and trustee.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Quite possibly, yes, but have a lawyer review the estate documents. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

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1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Q: Can the bank keep money used to cover a check from another account even if the check never went through?

I had paid my utility bill using my personal account, and didn't realize that I didn't have the full sum in that account. When the check began to process, the bank pulled money from my joint account with my husband to cover the amount that was overdrawn in my personal one. The amount in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 12, 2017

Have a lawyer review the transaction carefully. Your details are a bit vague. Your banking terms and conditions should clarify your questions. Similarly your agreement with the utility company should also be reviewed. More details are necessary to provide a professional analysis of your issue. The... View More

1 Answer | Asked in Estate Planning and Banking for California on
Q: In California does my "durable power of attorney have to be recorded with the registrar if it is notarized?

Wells Fargo says it does need to be recorded or they will not accept it but we have been using it for 8 years not recorded, with all her other financial institutions

Richard Samuel Price
Richard Samuel Price
answered on Sep 12, 2016

If it is notorized, then you could record it with the county recorder. Certain acts require the durable power of attorney to be recorded, and even if not required, a financial institution could require that it be recorded in order to honor its terms.

1 Answer | Asked in Banking, Consumer Law and Foreclosure for California on
Q: Law suits against Wels Fargo

Good afternoon,

My question is what is the statute of limitations for a law suit against a bank? My mom lost our home due to employees stealing from her. They stole my moms mortgage payment or payments not too sure on that. She lost our house due to that problem. But she has proof of... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 15, 2017

See: http://www.courts.ca.gov/9618.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Q: Do I need a license to buy(take over assignment) retail installment contracts for high end vacuums from businesses.

I purchased 2 retail installment contracts from my friend who sells high end vacuums. He couldn't get them financed so I said I would buy the contracts and take over them. I contacted the customers and informes them of the new assignment. But do I need a special license? I don't want to... View More

Zaher Fallahi
Zaher Fallahi
answered on Dec 24, 2016

Check with the California Consumer Affairs Department and your city. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please... View More

1 Answer | Asked in Banking, Business Law and Consumer Law for California on
Q: Can "CFNA" ("Credit First") credit card company demand payment solely via bank-to-CreditFirst (internal) ROUTING?

Just a month ago, a local San Diego "Firestone" tires shop secured for me (via their shop phone) a circa $1000 "CFNA" (Credit First) credit card to pay for vehicle repairs on my Ford van. Good. Great. Very nice. However, now CFNA has told me that they will accept my first... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 16, 2017

What are the terms to which you agreed when applying for and/or accepting this credit card? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Banking and Consumer Law for California on
Q: In California are banks required to provide restrooms for the use of the public? Please site the applicable code.
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 18, 2017

See: http://smallbusiness.chron.com/rules-regulations-business-public-restrooms-68740.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for California on
Q: Loan to LLC

Can I give a loan with reasonable interest to my own LLC? I would fund the loan with my own personal money and my LLC would pay me back over time with funds from business earnings. Would I need a promissory note or other document for this?

Zaher Fallahi
Zaher Fallahi
answered on Dec 24, 2016

Generally, an LLC is a separate entity and you should adhere to all formalities in dealing with it. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes.... View More

1 Answer | Asked in Banking and Consumer Law for California on
Q: what are the penalties for a bank refusing to send a paper statement regarding a credit card account?
Andy Chen
Andy Chen
answered on Aug 4, 2016

None that I know of. Most banks want you to do paperless statements anyway and most people seem to like them for the convenience. If you're talking about a billing dispute of some kind, that might be different in terms of paperwork the bank has to provide you.

1 Answer | Asked in Banking and Tax Law for California on
Q: Are there any additional forms for the government besides IRS form 3520 for receiving large amounts of foreign funds?

Hello, I am helping someone figure this out, and they are receiving a large sum of money from Iran that is being transferred to the US, via a Dubai wire transfer.

We have found he is required to file the IRS form 3520. Is there any special treasury form or anything similar he is also... View More

Zaher Fallahi
Zaher Fallahi
answered on Nov 8, 2016

The IRS Form should be sufficient for a gift from a non-resident alien. However, they should obtain proper documents to substantiate the gift, if questioned. If the donor is a US person ( as I find out to be the case every now and then), they must consult an OFAC attorney for compliance with the... View More

1 Answer | Asked in Banking, Collections and Consumer Law for California on
Q: Can a bank make a payment with my credit card without my permission to pay the mortgage on our house?

Husband had mortgage with wells fargo. I had an account with them and a credit card. Husband could not afford to make mortgage payment so wells fargo charged me on my credit card for it. This all led to a chain of events with us finally loosing our house and being sent to collection for this.

Sergio G. Chaidez
Sergio G. Chaidez
answered on Aug 11, 2016

Unless you authorized them in your credit card or mortgage agreement to process that payment, then no. Bank contracts sometimes have clauses in them that say you authorize them to make certain payments on your behalf if certain conditions are met. This may be what happened. But you need to make... View More

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