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North Carolina Banking Questions & Answers
1 Answer | Asked in Banking, Personal Injury and Real Estate Law for North Carolina on
Q: What are my rights and options for a totaled Jeep with an outstanding loan in NC?

I have a Jeep that was totaled and buried in rubble due to Hurricane Helene, and I still owe money on it. The bank doesn't want to pick up the Jeep, but I'm unable to dispose of it because of the outstanding loan. What are my rights and options in this situation?

James L. Arrasmith
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answered on Jun 11, 2025

If your Jeep was totaled during Hurricane Helene and you still owe money on it, the lender technically still holds a lien on the title, which limits your ability to dispose of it without their involvement. Since they’re not picking it up and you can’t junk or sell it due to the outstanding... View More

1 Answer | Asked in Banking and Consumer Law for North Carolina on
Q: Dealership mistakenly purchased loan; threat of repossession

I took out a loan for my vehicle in 2020, and it was closed two months ago. Recently, my dealership mistakenly purchased my loan, and I received a voicemail threat of repossession today. What steps can I take to resolve this situation and prevent repossession?

James L. Arrasmith
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answered on Jun 1, 2025

That situation sounds incredibly frustrating and stressful—especially when you’ve already paid off the loan. If the dealership mistakenly purchased a loan that no longer exists, then they have no legal basis to threaten repossession. A vehicle that is paid off is your property, and unless there... View More

1 Answer | Asked in Banking, Civil Litigation and Real Estate Law for North Carolina on
Q: What are my options to remove my surrendered Jeep from my property when the bank refuses to pick it up because it's totaled and I owe money?

I surrendered my Jeep to the bank due to my disability a year and a half ago. Although they initially said they would pick it up, no one came until two weeks ago. They failed to inform the person they sent that a flatbed was needed because the vehicle is now totaled due to Hurricane Helene. The... View More

James L. Arrasmith
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answered on Jun 5, 2025

You might start by sending the bank a written demand—via certified mail—requesting they provide written instructions or a release of lien so you can legally transfer the title. If they refuse, consider contacting your state’s DMV to inquire about a bonded title or “mechanic’s lien”... View More

2 Answers | Asked in Probate and Banking for North Carolina on
Q: How to access a deceased uncle's unclaimed US bank account after 20 years?

My deceased uncle has a bank account with Bank of America in the US, which has been unclaimed for 20 years. I am helping my cousin, who cannot speak English well, to address this matter. My cousin has a single bank account document but hasn't reached out to Bank of America yet. We are unsure... View More

Angela L. Haas
Angela L. Haas
answered on Apr 27, 2025

Check the clerk's office (Estates) in the county where your relative last resided, to see if an estate was ever opened. If so, look to see if the account was distributed. Also, you can check online at NCCASH to see if the money was handed over to the state. If so, you'll need to follow... View More

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3 Answers | Asked in Banking, Business Law, Civil Litigation, Stockbroker Fraud and Securities Law for North Carolina on
Q: Advisor stopped communication after transferring money; $1,350 taken. What to do?

I hired a personal advisor who arranged to house my money at Schwab. Initially, communication was good, but once the money started transferring, the advisor stopped communicating. I attempted to contact her several times without any assistance. Although we haven't lost any money, $1,350 was... View More

Ryan K Bakhtiari
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answered on Apr 24, 2025

If your financial advisor stopped communicating after the transfer of funds and $1,350 has been taken from your account, you should take the following steps immediately to protect your interests:

Document Everything: Keep records of all communications with the advisor, including emails,...
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1 Answer | Asked in Banking, Identity Theft and Consumer Law for North Carolina on
Q: Experienced unauthorized transfers on checking and credit card accounts; seeking restitution.

I have experienced unauthorized transfers involving my checking and credit card accounts, with six fraudulent transactions already adjusted and pending on my checking account. Despite reporting this issue to my bank on March 25, 2025, I have received no response. I've filed complaints with the... View More

James L. Arrasmith
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answered on Apr 8, 2025

It’s understandable how frustrating and stressful it can be to deal with unauthorized transactions, especially when you’ve already reported them to your bank and haven’t received any response. Since you’ve documented the transactions and reported them to the CFPB, you’re on the right... View More

1 Answer | Asked in Tax Law, Securities Law and Banking for North Carolina on
Q: Can I invest ROTH IRA funds in a trading contract with a prop firm without incurring IRS violations?

I have a self-directed ROTH IRA and I'm considering purchasing a trading contract with a proprietary trading firm ("prop firm"). The firm provides the capital, and profits would be deposited into a bank account I designate. I would not use leverage or incur debt directly within the... View More

James L. Arrasmith
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answered on Mar 24, 2025

Investing ROTH IRA funds in a prop trading contract could be problematic for two main reasons. If you engage in a prohibited transaction with your IRA, the IRS treats the entire account as distributed on the first day of that year, potentially triggering taxes on all gains. The IRS strictly... View More

1 Answer | Asked in Banking, Consumer Law and Civil Litigation for North Carolina on
Q: Can I sue Navy Federal for a key fee after a repo without notice?

I'm considering suing Navy Federal for charging a $360 fee to make a new car key after repossession. They provided instructions for retrieving my car but failed to inform me that I needed to return the original key. Upon contacting them, they insisted they informed me about the key... View More

James L. Arrasmith
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answered on Mar 24, 2025

You might have a potential small claims case against Navy Federal, depending on your state's laws and the specific terms in your loan agreement. The key fee could be contested if you can prove they failed to properly inform you about returning the original key, especially if this requirement... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for North Carolina on
Q: unknown to me, my partners in a real estate partnership falsely claimed I sold my interest to them for $1, sold building

Real Estate Partnership formed to own and manage our medical building. I moved to another state, but did not require immediate re-fi to buy me out…We have just completed a very favorable mortgage and fixed rate LOC package 6 months earlier. I never, ever thought they would behave in such a way as... View More

Shane T. Johnson
Shane T. Johnson
answered on Jan 31, 2025

Michael, I recommend you hire an attorney. This is a very complex and serious matter. This forum is for general questions.

1 Answer | Asked in Family Law and Banking for North Carolina on
Q: Can POD designations ever be reversed in NJ?

My sister, Barbara, lived and died in a care facility. She had been abandoned by her husband and when she could not live in their marital home because it was uninhabitable, she had to go into a facility. She could not drive and because she was ill, could not leave the nursing home. Her husband... View More

Shane T. Johnson
Shane T. Johnson
answered on Dec 3, 2024

You will need to post this question on the NJ portal, not here in NC. We are not licensed in the state of NJ.

2 Answers | Asked in Banking, Estate Planning, Real Estate Law and Tax Law for North Carolina on
Q: Is there a certain age that you have to be in order to buy and invest real estate?

I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.

Shane T. Johnson
Shane T. Johnson
answered on Sep 21, 2024

There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.

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1 Answer | Asked in Banking, Civil Litigation, Civil Rights and Education Law for North Carolina on
Q: Is a parent considered a plaintiff in minor's civil complaint?

My daughter is plaintiff in a civil lawsuit against her former school. The petitioner is listed as my daughter's initials through her parent (my name). Short story is there was a settlement for special education and Title IX with the district. The district never made payment. So we ended up in... View More

James L. Arrasmith
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answered on Sep 7, 2024

In a lawsuit involving a minor, the parent or guardian often acts as a representative or "next friend" for the minor but is not automatically considered a plaintiff. The minor is the plaintiff, and you, as the parent, are there to facilitate their legal rights since they cannot represent... View More

1 Answer | Asked in Banking, Civil Litigation and Gov & Administrative Law for North Carolina on
Q: Can an attorney issue 26 subpoenas to random financial institutions?

I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're experiencing this situation. It's important to take action to protect your rights.

First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This...
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1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for North Carolina on
Q: Title 15 usc 1611. Does it mean I can get a personal loan and a bank can't deny it

And is it bc of our bond that was created when we're born

James L. Arrasmith
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answered on Feb 23, 2024

Title 15 USC 1611, also known as the Fair Credit Reporting Act, doesn't guarantee you automatic approval for a personal loan. It outlines regulations for credit reporting agencies and ensures fair treatment in credit-related matters. However, banks still have the right to evaluate your... View More

2 Answers | Asked in Collections and Banking for North Carolina on
Q: I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open

I went to the State Employee credit union in NC to open an account. I was a former client 18 years ago. I want to open a new account with them but they told me I had a loan that I had to pay back before I could get a checking account. Can they still have to loan on file for that long ? Is there a... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 25, 2024

A credit union has no legal obligation to do business with you. Even though the unpaid loan is well past the statute of limitation and cannot be sued upon or collected on, you caused a loss of money to the credit union. Credit unions take this personally because they are member owned. You caused... View More

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1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for North Carolina on
Q: What are the interest and late fee laws in NC on invoices specifically?
T. Augustus Claus
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answered on Nov 10, 2023

A late fee can only be charged on an invoice if the payment is more than 30 days past due. However, the parties to a contract may agree to a different grace period.

1 Answer | Asked in Consumer Law, Civil Rights and Banking for North Carolina on
Q: Repossession by Bank of America with no notice had scheduled payment to make current that drafts Monday

Repossession by Bank of America with no notice had scheduled payment to get account current but bc it was weekend wouldn’t process until Monday. Also it was seen the repo people broke into car after the fact I’m in nc maybe goal is reinstatement of loan

I called immediately and was told... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Oct 15, 2023

A lawyer needs to see the car loan agreement in order to accurately answer your question. In general, the lender is not required to give you advance notice of a repossession. Repossession from a public area is not illegal. Repossession on a Saturday is not illegal. Most likely, if you were late on... View More

2 Answers | Asked in Estate Planning and Banking for North Carolina on
Q: Hello, my brother passed away in June of this year. He made me POA of his affairs. I also had a Living Trust

And Living will. My question is how can I close out his bank account to which he added my name to it. The problem is he has a living wife, they had been separated for over twenty years.

Anthony M. Avery
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answered on Aug 31, 2023

The POA is terminated at the principal's death. If you are on the signature card, the funds are probably already your property. The Trust may affect your individual ownership of the bank account, or those monies may never have become Trust Corpus.

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1 Answer | Asked in Real Estate Law and Banking for North Carolina on
Q: I have a new house we are are in our second year. We have an escrow account but the bank did not pay our priemum

the insurance will not reinstate our insurance and the bank says they cant help. What recourse do we have?

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answered on Aug 18, 2022

Assuming the Bank failed to pay Insurance from the escrow, suing for negligence, breach of contract, etc. is not a good option as foreclosure will result. You must find insurance immediately as foreclosure is imminent. A refinance might get that Bank out of your hair, but insurance and taxes must... View More

1 Answer | Asked in Banking and Consumer Law for North Carolina on
Q: Can I sue a finance company for not reporting my loan paid in full for over 2 years ago which is effecting my credit

My credit score debt to ratio and mortgage loans

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 4, 2022

The first thing you need to do is send a dispute letter to each credit bureau enclosing your proof that the loan is paid in full. Access your credit reports at www.annualcreditreport.com those credit reports will have the address to send your dispute to. Send the letter certified mail so you can... View More

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