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Florida Banking Questions & Answers
1 Answer | Asked in Communications Law and Banking for Florida on
Q: Can I record a phone call w/ customer rep if I receive a notice that "This call will be monitored and recorded"?

I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about... View More

James L. Arrasmith
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answered on Dec 15, 2023

In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a "two-party consent" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other... View More

1 Answer | Asked in Real Estate Law and Banking for Florida on
Q: Recv'd NOD from my Mortgage Co. on a 9 unit apt. complex in N.M. How much time do I have b4 the bank sells at auction?

Will I need an attorney to stop the NOD process, or can I deal with the bank directly to bring loan to current? Will my personal home be in jeapordy of sale if I backed up the investment property loan with a personal guarantee?

T. Augustus Claus
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answered on Oct 10, 2023

In Florida, if you receive a Notice of Default (NOD) for a property in New Mexico, the time before an auction varies, often taking several months, as New Mexico uses a judicial foreclosure process. You can directly negotiate with the bank to make the loan current; they often prefer resolving issues... View More

1 Answer | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Banking and Civil Rights for Florida on
Q: What is the limitations on dss in North Carolina to get paid back on something I didn't do I was locked up??

Boyfriend at the time stole my purse and sold food stamps to 4 different people on the same day same store they have punished me for 3 years where I couldn't get food stamps at all no place on the country i went hungry alot was homeless alot too I moved to Florida to get away from those people... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

I don't know what "dss" means, but in any case, a question on a NC limitations period must be asked of a NC attorney. Since your inquiry is indicated to be from Sebring, Fla., mostly Fla. attorneys (like me) will see your post. Also, legal advice on the filing deadline specific to... View More

1 Answer | Asked in Family Law and Banking for Florida on
Q: Can I get my son in trouble by asking him to pose as me to help do my online banking

I gave him POA already

T. Augustus Claus
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answered on Aug 25, 2023

Using a Power of Attorney (POA) to manage your financial affairs is a legal way to grant someone else the authority to act on your behalf. However, it's important to ensure that the actions taken under the POA are within the bounds of the law and the terms specified in the POA document.... View More

1 Answer | Asked in Banking, Civil Litigation, Personal Injury and Bankruptcy for Florida on
Q: Atheist, homeless. Would like to buy things like Chinese buffet or personal items like socks. Where do I get financing?

So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 19, 2023

No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More

2 Answers | Asked in Bankruptcy and Banking for Florida on
Q: Is it possible to take out a loan from a bank when one of your direct family members is already in debt?

A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.

Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 18, 2023

I agree with Ms. Lipan's short take, but there's more, of course.

Your question raises a plenitude of issues, most of them not questions of law:

With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just...
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1 Answer | Asked in Contracts and Banking for Florida on
Q: My father is in legal trouble overseas and has asked me to take over his finances in the interim can this affect me?

He has been implicated in South Africa and has asked me to pay his bills and send him money through his own bank. Can this have legal ramifications for me and if so how can I keep myself safe or offer safe/legal alternatives to him.

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

You are right to be concerned about it. Your father's request may or may not have legal ramifications for you, depending on exactly what legal trouble he's in. Also, even if it's not a legal problem for you, you'd likely need a power of attorney executed by your father to... View More

1 Answer | Asked in Contracts, Banking, Business Law and Civil Rights for Florida on
Q: Hello, I have a friend who is currently a jail inmate in Hillsborough County. This is about a power of attorney.

Hello,

I have a friend who is currently a jail inmate in Hillsborough County. He asked that I have access to a bank account so he can make legal payments to his new attorney. After some research and discussion with others I found out a power of attorney will be necessary.

My... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2023

1) You can do it. Find a form online, or get help from his attorney, and check with the bank before you get your friend to sign it to see if it will be accepted. The bank may have its own form it prefers.

2) No.

3) Aren't you going to mail it to him care of the jail?...
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1 Answer | Asked in Contracts and Banking for Florida on
Q: Can I invest in stocks as a minor with a sponsored Cash App account?

I am a minor residing in Florida, USA. I have a Cash app account linked with a bank account. My Cash app is sponsored by someone who is over the age of 18. I have permission to invest in stocks and Cash app allows be to because my account is sponsored. Would it be illegal if I invest in stocks? I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 28, 2023

Shouldn't be a problem. There are no specific restrictions on minors investing in stocks.

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: I am considering a consumer loan to renovate a house that I own. I am told I have to deed my house to the business and

I must make a statement that I do not intend to make this house my personal residence. This is an interest only loan for 1 year. When I pay this loan off are the terms still valid?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 7, 2023

I suspect that the statement they want you to sign is to protect the lender from your later claiming the property as your homestead. If you default and they have to sue you and get a judgment against you, a claim of homestead would make it difficult to levy upon the property in order to collect... View More

3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
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1 Answer | Asked in Banking and International Law for Florida on
Q: I need legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation

Hello,

I am writing to kindly request a legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation.

The case is as follows:

A citizen of Russian Federation has bank accounts in banks in Europe and in the USA.

1.... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2023

This is not the forum where you can type up specific legal questions, and receive free legal advice. As a lawyer, I may provide some direction, however. For instance, why are you asking these questions? Have your accounts been closed? Have the US banks cite to any laws pursuant to which they closed... View More

1 Answer | Asked in Employment Law, Personal Injury, Banking and Car Accidents for Florida on
Q: I have several things that I have endured over the past couple years that I believe could be potential lawsuits differen

I'm basically want to hire myself and attorney that I can pay monthly payments to and I can go over all of my different practice areas and I believe they need attention it's too many things done to me wrong over the course of my life I understand there's a statue of limitations for... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you're interested in hiring an attorney, you can search for attorneys in your area who specialize in the relevant practice areas for your potential lawsuits. Many attorneys offer free initial consultations, so you can discuss your potential cases and payment options during that meeting. You... View More

1 Answer | Asked in Personal Injury and Banking for Florida on
Q: How do I open a bank account when I'm in the hospital and not fit enough to physically do it?

I'm asking this for my girlfriend (It's a distant relationship, she is from the US and I'm from Germany ) because we need the inheritance money that she got from her father to pay for medical expenses (a lawyer already handled the money, she just needs to open the account).

Charles M.  Baron
Charles M. Baron
answered on Feb 7, 2023

One option is to execute (sign with formalities) a Power of Attorney giving your girlfriend the power to open an account in your name. It's unclear from your post whether you are currently in Germany. If you are, and the account needs to be opened in Florida, you'd need to have the... View More

1 Answer | Asked in Uncategorized, Banking, Estate Planning and Probate for Florida on
Q: My father passed away in 2015. 1Dec 2022, I received a letter from a bank stating there is a savings account for him.

The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 30, 2022

Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here:... View More

1 Answer | Asked in Banking for Florida on
Q: Can a bank legally freeze all my accounts without notice because I missed a payment on my bank CC account?

My bank (credit union, actually), with whom I have had accounts for over 25 years, recently froze all of my accounts (2 checking, 2 savings) with assets totaling over $180k, without any warning or notice. The reason they gave for this is that I had an outstanding balance on my credit card (issued... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 19, 2022

No, but unless you hire a lawyer to contact the credit union for you they will continue acting silly.

2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: Is a bank allowed to foreclose on property that was gifted to someone in a will?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 1, 2022

Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.

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2 Answers | Asked in Arbitration / Mediation Law, Banking, International Law and Stockbroker Fraud for Florida on
Q: How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)

I'm a citizen of Florida. A Brazilian company I was a partner in was stolen by forging my signature when I was out of the country. That company is now trading on the NYSE (with my forged signature). I sued and won in Brazilian Arbitration Court under UNCITRAL treaty. The judgment was to... View More

David H. Relkin
David H. Relkin
answered on Aug 4, 2022

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Banking for Florida on
Q: I have a question regarding unprocessed payments and who should get the money.

My brother in laws house was foreclosed on, prior to this the mortgage company stopped cashing the payment checks (for five months) He was allowing a family member to stay in the house, and they paid $500 per month. As they didn’t have a checking account I sent the checks for them to the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

You have no obligation to pay anything to the mortgage company, merely an obligation to hold the funds you received from the "family member". You should pay those funds to whomever the "family member" tells you to pay. And, by the way, if the "family member"... View More

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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.

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