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I have a Home Equity Installment (HEI) that was in the first lien position on my property. Recently, I discovered through emails that my mortgage lender instructed my homeowner's insurance agent to change their position to first lien without notifying me or the HEI company. No Subordination... View More 
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answered on Mar 17, 2025
Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More
I am applying for a Mortgage Loan Originator (MLO) license in Florida and have come across Rule 69V-40.0113, Florida Administrative Code, regarding license approval. I have some charge-offs and delinquent accounts. Will it be required that these accounts are paid off or be in a payment plan... View More
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answered on Mar 24, 2025
In Florida, financial responsibility is indeed a key factor in determining MLO license approval. Your delinquent accounts and charge-offs may be considered "adverse credit history information" under Rule 69V-40.0113, which regulators use to evaluate your financial responsibility when... View More
I have an SBA loan for my company, and I did not sign a personal guarantee. If the company, which is an LLC, shuts down, would I be personally liable for the loan? The loan agreement mentions sanctions related to personal guarantees, but I was never asked to sign as a guarantor. There are no other... View More
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answered on Mar 24, 2025
Your question touches on a fundamental aspect of LLC structures. Without a personal guarantee, you're generally protected by the limited liability shield that your LLC provides, meaning your personal assets should remain separate from business debts when the company closes.
The SBA... View More
Do I need a hard money lender license in Florida for a business offering loans strictly for business purposes, such as real estate purchase, rehab, or fix and flips, under my brand name as a white label entity? My role would involve soliciting loan applications, scrutinizing them, and forwarding... View More
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answered on Mar 24, 2025
For your specific business model offering strictly business-purpose loans for real estate investments, you likely don't need a mortgage lender license in Florida. Florida Statute 494.00115.3.d explicitly exempts individuals who "make only nonresidential mortgage loans and sell loans only... View More
I deposited a check into my bank account via ATM. Initially, some funds were made available, but the bank then delayed further funds. The bank redeposited the check on a different date, delaying the entire check amount again. Later, they removed the check amount from my account and sent me a... View More
Is it considered legal or fraudulent to present bank statements as proof of funds for a US college if I first obtain a statement from one bank and then transfer the money to another bank under my name to get a statement from the second bank, using the same funds, without disclosing the movement?... View More
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answered on Feb 21, 2025
Moving money between accounts to generate multiple bank statements using the same funds and presenting them as separate proof of funds would be considered fraudulent misrepresentation. This practice could be interpreted as deliberately misleading immigration authorities and educational institutions... View More
I was recently fired from my banking job for allegedly recording with my cellphone, which I was not doing. I adjusted camera settings during a break in a secluded room with no company equipment. There was no prior warning, and I wasn't shown any evidence supporting the claim of recording. The... View More
answered on Feb 20, 2025
As Florida is an employment at will state, these facts do not show any potential violation of a law or your legal rights by this employer terminating your employment. It makes no difference whether the company was wrong, or the decision is not fair. But your initial instinct is the... View More
Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More
answered on Jan 22, 2025
The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.
If the Judge put everything in your name then nothing needs to go into an estate account.
He paid $15,000 and $7,000 was a check. He canceled the $7,000 check and is refusing to pay me.
answered on Dec 5, 2024
You can send over a demand letter demanding he pay the balance. Usually, it is a little stronger when a demand letter is on a law firm letterhead. Alternatively, you can file in small claims court.
Not legal right? Which are the laws I can show him that this is not compliance?
answered on Sep 12, 2024
Depending on the intent with which it would be done, it could be ordinary common law fraud - which could involve numerous state statutes, depending on context, industry, and other factors. Good luck
These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More
answered on Sep 6, 2024
You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More
The returned the provisional credits and have not been able to provide me with documentation that shows I made those purchases. I get a letter stating that my card and pin were used...I filed a police report but after refiling and reappealing I am stuck with almost 1000 in these charges.
answered on May 8, 2024
Contact a consumer protection attorney that is familiar with the Electronic Funds Transfer Act. Also, keep track of all disputes you have made and the bank's responses.
Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?
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answered on Apr 21, 2024
In this situation, there are potentially several parties who may be held responsible:
1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for... View More
I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More
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answered on Apr 21, 2024
I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.
From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and... View More
I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More
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answered on Apr 21, 2024
It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.
However, there are... View More
My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?
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answered on Mar 2, 2024
In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More
My girlfriend has been offered a job but it seems like a scam. They sent over a check for her to buy some equipment so we’ve deposited it but now the employer seems very sketchy. She has not filled out any formal agreements or given any important personal info. They are asking her to buy 2 Apple... View More
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answered on Feb 23, 2024
It's concerning that your girlfriend received a job offer that seems suspicious. Depositing a check and being asked to purchase equipment or vouchers for work is a common tactic used in scams. It's wise that she hasn't provided any personal information or signed formal agreements... View More
cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account
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answered on Jan 30, 2024
In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More
It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More
answered on Jan 20, 2024
Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More
I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More
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answered on Feb 5, 2024
Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:
- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days... View More
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