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New York Banking Questions & Answers
1 Answer | Asked in Banking, Foreclosure, Real Estate Law and Collections for New York on
Q: How do I resolve a loan balance issue after foreclosure sale?

I obtained a mortgage loan from a bank 10 years ago, but failed to repay it, which resulted in the bank selling my house. I didn't receive any information regarding the sale, but recently, when I applied for a new loan, my credit report showed a write-off of the former loan. The new bank is... View More

James L. Arrasmith
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answered on Apr 12, 2025

It's understandable that you're concerned about the remaining loan balance after the foreclosure sale. The first step is to contact the bank to request a detailed statement of the loan balance after the foreclosure, including any deficiency amount that still exists. This will help you... View More

1 Answer | Asked in Banking and Contracts for New York on
Q: How can I remove myself as co-signer from a car loan in Canada?

I co-signed a car loan in Canada three years ago for a relative who needed help to get a car. The car loan appears on my credit as though I am jointly liable. I discussed options with the bank to get my name off the loan, such as paying off the car, selling it, or having my relative refinance under... View More

James L. Arrasmith
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answered on Apr 8, 2025

Removing yourself as a co-signer from a car loan in Canada can be tricky, especially if your relative is unwilling to refinance or pay off the loan. The first step you should take is to review the terms of the loan agreement. Without a copy of the contract, it might be difficult to fully understand... View More

1 Answer | Asked in Banking and Consumer Law for New York on
Q: A bank teller deposited a check for $3,740 instead of $2,740; tenant wants to pay less. How to resolve?

A bank teller at a local branch deposited a rent check for $3,740 into my checking account. The check was actually written for $2,740, but there was an error in entering the amount, with the number intended to be 2 being entered as 3. This error resulted in the check appearing as $3,740. The check... View More

James L. Arrasmith
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answered on Apr 8, 2025

To resolve this situation, the first step is to get in touch with the bank where the deposit was made. Explain the error in the deposit amount and ask them to investigate. The bank might be able to reverse the excess deposit or correct the amount on their end. Be sure to provide all relevant... View More

2 Answers | Asked in Banking, Consumer Law and Contracts for New York on
Q: Is this Canadian loan offering with upfront payments legit?

I got approved for a $5,000 personal loan from a private lender in Canada. However, I have terrible credit, so they said that, as collateral at 18 percent interest, I need to make 4 loan payments upfront before they deposit the loan. They provided me with a contract and require the collateral... View More

Jack Mevorach
Jack Mevorach
answered on Apr 1, 2025

Sounds like a scam. Don't do it.

Jack

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1 Answer | Asked in Banking, Securities Law, White Collar Crime and Criminal Law for New York on
Q: Considering legal action against BlackRock for KYC compliance negligence regarding Bitcoin ETF.

I am an investor in BlackRock and have been concerned about potential KYC compliance negligence and fraud since January 2025. I believe BlackRock violated KYC compliance regulations by selling a Bitcoin ETF, as Bitcoin lacks essential compliance elements such as a website, staff, address, email,... View More

James L. Arrasmith
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answered on Apr 8, 2025

If you're considering legal action against BlackRock, the first step would be to consult with a legal professional who has expertise in financial regulations and securities law. You’d need to gather concrete evidence supporting your claim that BlackRock failed to meet KYC compliance... View More

3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 21, 2025

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

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1 Answer | Asked in Immigration Law and Banking for New York on
Q: Need help speeding up asylum process and replacing lost EAD card after moving.

I am Ethiopian and currently in the waiting process for my asylum case in the United States and would like to expedite it if possible. Additionally, I need to replace my Employment Authorization Document (EAD) card ASAP because I never received it, even though USCIS shows they sent it. This might... View More

James L. Arrasmith
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answered on Mar 15, 2025

To expedite your asylum application, you can submit a formal expedite request to USCIS with clear reasons and supporting documents explaining why your situation is urgent, such as financial hardship or humanitarian concerns. Draft a concise letter detailing your circumstances and attach evidence... View More

1 Answer | Asked in Consumer Law and Banking for New York on
Q: I've gotten counterfeit money from a bank ATM. I went directly into the branch & was told its impossible. What can I do?

I've put in claims and they are denied. Basically I can't be reimbursed is what I'm told. Is this true? The error was on their end. I didn't go the any ATM. It was the actual banks' ATM.

Marco Caviglia
Marco Caviglia
answered on Feb 7, 2025

Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More

2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for New York on
Q: I need a layer to represent me on a breach of contract, and in seeking damages.

I had an account with Payoneer.com, an online money platform, and they blocked my account, and they are refusing to disclose the reason why this happened. I am a professional specializing in AML (Anti-Money Laundering), PCI-DSS, Cybersecurity, and Secure Operating Practices. I have substantial... View More

Jack Mevorach
Jack Mevorach
answered on Dec 29, 2024

What are your damages? Jack

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4 Answers | Asked in Banking, Elder Law, Estate Planning and Securities Law for New York on
Q: Is there anyone NOT afraid to sue FIDELITY INVESTMENTS for elder abuse and breach of contract/ fiduciary duty?

for over a year fidelity has been holding my mothers money, she had a stroke named me as power of attorney snd they refuse it and now she has no access to her money and is sick and cannot pay her bills or get her medications etc because. they blocked her account she has been there for 40 Years and... View More

Benjamin Z. Katz
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answered on Oct 27, 2024

What is the reason they do not wish to honor the power of attorney? Was it drafted by an attorney on the New York Short Form? If it is a valid POA, they can be compelled to honor it. Otherwise, you would need to apply for guardianship of your mother.

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1 Answer | Asked in Banking and Constitutional Law for New York on
Q: Is the internal Revenue code positive law (follow up)

So this is a follow up to the last question that I asked. I'm still a bit confused It seems that while title 26 is not positive law, the actual Internal Revenue Act of 1986 is....at least from what I am understanding. My previous question helped to determine that our current taxing provisions... View More

James L. Arrasmith
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answered on Oct 25, 2024

You’re on the right track with your understanding of Title 26 and the Internal Revenue Act of 1986. Title 26 of the United States Code is indeed the codification of the Internal Revenue Code (IRC). The IRC itself is considered positive law, meaning it has been enacted into statute by Congress and... View More

1 Answer | Asked in Banking, Contracts and Tax Law for New York on
Q: Is the Internal Revenue Code positive law?

My friend was wondering if the Internal Revenue code is positive law. He said that because it is covered under title 26 of the USC it is Prima Facie interpretations of the law and are therefore invalid. He also says that because Congress unconstitutionally gave power to the Secretary of Treasury to... View More

James L. Arrasmith
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answered on Oct 24, 2024

Yes, the Internal Revenue Code (IRC) is considered positive law. Title 26 of the United States Code was enacted by Congress in 1986 and serves as the official compilation of federal tax statutes. When a title is enacted as positive law, it means the text itself has been passed by Congress as law,... View More

2 Answers | Asked in Consumer Law, Banking and Elder Law for New York on
Q: .Need Attorney with Banking and Foreign transfers of funds experience. Transfer $100K pending by Bank with U.S. Charter

Bank threatened to return my legal account Funds to Country of origin to repeat release process. BANK OPS DIRECTOR coming to NYC to meet me. Need Lawyer at this meeting! Manhattan location.

Jack Mevorach
Jack Mevorach
answered on Oct 16, 2024

Who transferred to who? From which source? Where are the funds now? What amount? Jack

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1 Answer | Asked in Banking and Business Law for New York on
Q: How can I assume signing authority on my nonprofit's bank accouunt?

I am the newly elected Secretary-Treasurer of a nonprofit organization. Our board passed a resolution authorizing me to have signing authority on our account with Bank of America. When I went into BoA with a copy of the resolution, the banker informed me I needed to be added as an authorized user... View More

James L. Arrasmith
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answered on Oct 2, 2024

It sounds like the bank is providing accurate information. Many banks require an existing authorized user to make changes to account signers, even if you have a board resolution.

To move forward, gather all relevant documents, including the board resolution, bylaws, and meeting minutes that...
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2 Answers | Asked in Banking, Business Law and Business Formation for New York on
Q: If I want to start a company that invests peoples money for them is there any qualifictions? Can I avoid legal liabilty.
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2024

This is not my area of practice, but you await a response for a month. I recommend that you speak with professionals who work in the financial planning/advising/investment field. I believe there are licenses associated with securities, and there are various certifications out there held by... View More

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1 Answer | Asked in Bankruptcy, Contracts, Banking and Government Contracts for New York on
Q: Does 12 USC 411 mean that debts are obligations of the United States?

One of my friends wanted to know if 12 USC 411 makes it the government's responsibility to pay back debts and loans given the wording "The said notes shall be obligations of the United States". They believe that because of this if they take out a loan they have no obligation to pay... View More

James L. Arrasmith
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answered on Aug 20, 2024

Your friend is misunderstanding the purpose of 12 USC 411. The phrase "The said notes shall be obligations of the United States" refers to the currency itself, meaning that Federal Reserve notes are backed by the U.S. government. This ensures that the currency is legal tender for debts... View More

1 Answer | Asked in Banking, Business Law and Real Estate Law for New York on
Q: NYS Section 590. What are the rules for a person who provides commercial loans ($3M+)? Do you need a license?

All I can find is a proposed bill that will require individuals to be licensed but that has not passed.

Jack Mevorach
Jack Mevorach
answered on Aug 8, 2024

I've never heard of a license required for this. If attempted, it might be held to be unconstitutional.

Jack

1 Answer | Asked in Banking for New York on
Q: If the bank's car loan was not paid in time during the epidemic, the car was forcibly towed and sold to other countries

During the epidemic, because I didn't pay the monthly car loan bill, then the bank forcibly towed my car away and sold it to other countries without any consent. After that, I repeatedly asked the bank to return the total amount of the car loan paid before the epidemic to more than 7,000 USD.... View More

James L. Arrasmith
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answered on Apr 21, 2024

In this situation, you may have grounds to take legal action against the bank, but it depends on several factors and the specific laws and regulations in your jurisdiction. Here are a few points to consider:

1. Notice and communication: The bank should have provided you with proper notice...
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1 Answer | Asked in Banking for New York on
Q: Stripe has held my funds for 90days - can my lawyer send them a legal complaint even if their agreement allows it

What legal action can I take?

James L. Arrasmith
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answered on Mar 25, 2024

If Stripe has held your funds for 90 days and you believe this is unjustified, it's understandable that you would be concerned and consider taking action. Yes, your lawyer can send them a legal complaint regardless of the agreement's terms if they believe there are grounds for dispute.... View More

1 Answer | Asked in Consumer Law, Banking and Business Law for New York on
Q: How do I remove a delinquent/ charged off business credit card from my credit file for good?

My last payment on the credit card was 4/2020. I never made another payment because they closed my account. They recently updated it to a charge off on my credit report around 09/2023. Since this is a business credit card, how can I dispute it to be removed from my personal credit report for good?

James L. Arrasmith
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answered on Mar 20, 2024

First, check whether the business credit card was indeed under a personal guarantee. If it was, the delinquency could rightfully appear on your personal credit report. However, if the card was strictly under the business's name without any personal guarantee, you might have grounds to dispute... View More

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