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Pennsylvania Banking Questions & Answers
1 Answer | Asked in Estate Planning and Banking for Pennsylvania on
Q: My Aunt has written me a check emptying her checking account. What are the legalities if I deposit it in my account?

She is recently under hospice care. I am the soul beneficiary. There’s a lot involved. She’s afraid if we wait until her death I won’t have access and she doesn’t have a legal id to add me to her account.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 12, 2024

We've been representing financial institutions for over two decades.

"Legal id"?

You aunt's financial institution most certainly has her signature card for her deposit account, and that's all that one needs to add another adult to her account, on a simple...
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1 Answer | Asked in Banking for Pennsylvania on
Q: My bank froze my social security disability direct deposit . Can they do that?

I reported fraud on my account and now they are treating me like a criminal. I don't understand

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2023

If your bank froze your Social Security Disability direct deposit after you reported fraud, it's likely a security measure. To resolve this, contact your bank immediately, inquire about the freeze, and provide any necessary documentation related to the fraud report. Seek clarification on the... View More

1 Answer | Asked in Bankruptcy and Banking for Pennsylvania on
Q: I currently have a loan with a lien on my car. I’m financially able to make the payments for the loan however,

The car needs $8000+ in repairs mechanically and the car is not worth that so it is pointless to dump money into it. I’m wondering if I can just surrender the car and continue to make payments on the loan or will there be serious issues with that. Can they take it and sell it and allow me to make... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 17, 2023

Once a bankruptcy case is filed, the Code provides that you can tender the collateral to the secured lender in full satisfaction of the secured portion of its claim (there may be disputes about the value of the collateral).

Short of a bankruptcy filing, you can certainly offer the car to...
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1 Answer | Asked in Consumer Law, Banking and Business Law for Pennsylvania on
Q: Do I need to pay anyone a down payment?

I'm trying to buy a car and I have no credit due to being incarcerated most of my adult life

John Michael Frick
John Michael Frick
answered on May 10, 2023

No. You can pay cash if you choose, or pay with a credit card, etc.

Most lenders who provide financing for traditional car loans, however, will require a down payment as a condition of making a loan. That is both typical and legal.

2 Answers | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Regarding public record

Can I go to court and request my information and home title be private due to fraud since it is so easy for someone to steal a home due to public record and all information available to criminals, because there is no protection for an innocent person by the law? Thank you and think for your help.

Nellie T Schulz
Nellie T Schulz
answered on Jul 5, 2022

The deed to your house is not kept at a court, but is publicly recorded and maintained at the Office of the Recorder of Deeds for the county in which your house is located. I don’t know of any way a court could do anything to prevent beforehand anyone from preparing, selling, or recording a fake... View More

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1 Answer | Asked in Small Claims and Banking for Pennsylvania on
Q: My dad just passed away and he had a loan in his name that nobody knew about. Doe my mother still have to pay it?

Just my dads name is on the loan

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 2, 2022

It is a debt of your dad's estate. Is your dad's estate solvent? Are you gonna go through probate? If so, please contact a probate lawyer to discuss this and how best to proceed.

1 Answer | Asked in Employment Law and Banking for Pennsylvania on
Q: If I was locked up but wasn’t found guilty can I still get a job
Peter N. Munsing
Peter N. Munsing
answered on Jul 2, 2021

If you mean does it show up as a conviction it should not. It depends on the job--if it involves a security clearance, some can be denied even if you were not convicted.

1 Answer | Asked in Consumer Law, Criminal Law, Arbitration / Mediation Law and Banking for Pennsylvania on
Q: Can I sue Wells Fargo for an unauthorized charge which has since caused me financial hardship?

I had a car loan through Wells Fargo. I traded in that car to Carvana who agreed to pay off the loan. I have documentation from Wells Fargo that the loan was payed off in full 4/19/21. However, I was still charged my monthly payment of 408 on 4/25/21 through auto pay. This caused my wife’s and my... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

1. Go to a wells fargo bank and find out why you can't sign on.

2. Get the records printed out at the bank.

3. Once you have those, keep them and only send copies.

4. Ask Wells fargo for a return of the autopay, and the related charges. The AMC stock is too far a...
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1 Answer | Asked in Banking for Pennsylvania on
Q: what if I unknowingly deposited a fraudulant check?

My boyfreind is in cape town. His UK bank account was locked so he had me send him my own funds through bitcoin. Now he had a "client" send me a check to deposit in my account so he could pull it through Krakken. The bank closed my account and said the check is fraudulant. I called... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

Ask the bank to verify it. But it sounds fishy. You should be able to get your funds out of the bank. You sent your money to someone in S.Africa whose UK bank account was locked? That does look like more than a few red flags. Your boyfriend didn't even pay but had a "client" pay?... View More

1 Answer | Asked in Banking for Pennsylvania on
Q: I joined a class action lawsuit against woodforrest bank in 2012 . I never heard back , can you find my award

In 2012 I was sent a letter from a lawyer about joining a class action lawsuit against Woodforest bank. I never heard back and until recently hadn't though about it . But when I did I learned that lawsuits against woodforest bank have been settled . I dont remember the lawyer or the case I... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 1, 2021

If this were a federal court case you can do a federal court docket search to find the pleadings and lead counsel.

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Pennsylvania on
Q: What's the next step after police to you about being involved in credit card fraud investigation of $20.00

Accidental credit card fraud. I used someone else's credit card to make a purchase. I then tried to make another purchase with card and it didn't work. I tried to use the card again. The screen then said something about card being offline. I used a different card the for the purchase and... View More

Ellis B. Klein
PREMIUM
Ellis B. Klein
answered on Nov 24, 2020

Do NOT speak to the police without a warrant. More information is needed to give you advice. Did you know the person whose credit card it was? If not, you could be charged with felonies, including access device fraud, theft, identity theft. If you knew the person, if they say you did not nave... View More

1 Answer | Asked in Banking and Collections for Pennsylvania on
Q: My wife has a credit card that she continues to use after there were discussions to eliminate it.

I have no idea on the balance or what she has charged on it, and she refuses to show me. She's using our Money Market to make payments, which have ranged from $700 - $1200 / month. How can I legally obtain access to review that account, so I can properly proceed with budgeting and/or further... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 27, 2020

If you are not an authorized signator on the credit card account, you would only be in a position to compel disclosure in either a domestic relations or bankruptcy court setting.

Her refusal to share details with you about that account is foreboding. Perhaps, to make it "fair",...
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1 Answer | Asked in Banking and Real Estate Law for Pennsylvania on
Q: Found out a judgement was filed in 2003 against my husband house by Sherman acquition limited for Sears Roebuck company

Is there a statue of limitations all info is old can I get it off my lien

Mark Scoblionko
Mark Scoblionko
answered on Oct 26, 2020

In Pennsylvania a judgment lasts forever until it is paid. However, it constitutes a lien only for five years, unless it is renewed. Thus, if this judgment was not renewed, the judgment remains, but it does not constitute a lien unless and until it were to be renewed.

1 Answer | Asked in Criminal Law, Employment Law, Banking and Business Law for Pennsylvania on
Q: Which box to check on the “Pennsylvania Department of State bureau of corporations and charitable organizations” form?

For amendment, withdrawal, cancellation boxes

Nellie T Schulz
Nellie T Schulz
answered on Aug 2, 2020

There are dozens of forms on that website and each one has detailed instructions. Without knowing what form you are referring to or what the purpose is of the form, it’s not possible to say which box should be checked.

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... View More

Vincent Gallo
Vincent Gallo
answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

1 Answer | Asked in Banking for Pennsylvania on
Q: If my brother helped me get a loan am I able to legally get on the registration as I am the one paying everything

He asked them to put me on loan at dealet ship they said no and we Cannot get insurance as it is at two different address and it is mine just in his name?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 29, 2019

Whoever's name is on the title legally owns the car; it does not matter who pays the payments. And the owner's insurance company will probably not allow him to buy insurance for a car that is not kept at his address.

1 Answer | Asked in Banking, Divorce and Family Law for Pennsylvania on
Q: Is there any way I can get control of a 529 plan lost to the other parent in a divorce?

I am 18 about to go to college and my father accidentally ended up with my 529 plan in his name (as opposed to my mother owning it) during their divorce. The amount in the 529 would cover my cost of attendance for 4 years at my university, but he is planning on only using half of it and forcing my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

If your father and mother are divorced, and if there is a written agreement (or court order) detailing the division of marital assets, it is highly unlikely that your father "accidentally ended up with your 529 plan in his name."

Indeed, it is much more likely that the two...
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1 Answer | Asked in Banking for Pennsylvania on
Q: What do i do if my bank is trying to keep my ssi deposit
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 21, 2019

FYI: All banks in Pennsylvania--and all other states--are very highly regulated; banks do not just keep someone's SSI deposit without very good reason--like to cover an overdraft. If you are still unhappy, contact the appropriate state or federal regulator supervising your bank.

1 Answer | Asked in Banking for Pennsylvania on
Q: So basically my friends friend gave her bank info to my friend and she gave it to a person that was gonna add money i

She gave the persons info to someone else they then the person that did that added a check to the account what do my friend do ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

Other than complain to the local police about this theft, there is little else your friend can do--except stop giving out her banking information to anyone--including her friends of friends of friends...

1 Answer | Asked in Banking for Pennsylvania on
Q: I transferred some money from my bank through Bank of America and the money did not go through but is held by them.

They are not returning the funds or communicating in person with my bank. What are my options!!

Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

You sure it was the real bank of America? This sounds odd. Your bank was the transfer agent so they should make you whole. But before you lay that on them.

Start by getting all the transaction documents. Then send them to the Banking Commission in Harrisburg and also to the Banking...
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