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Texas Banking Questions & Answers
0 Answers | Asked in Banking for Texas on
Q: What kind of attorney do I need for a banking issue?

I put money in Icon Bank, which merged with Bancorp South, which is now Cadence Bancorporation. The president of Icon Bank is still the president of Cadence Bank. Same man. They will only go back 7 years with showing account information. We were able to only get $4000 something back. They owe us... View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: When the client of a lawyer requests a copy of his file, is lawyer required to supply that either hard copy or digital
John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Yes. Whether the file is maintained as a hard copy file or in electronic format, the lawyer is required to provide the client's file to the client upon request.

A lawyer is not required to keep a copy of the client's file after the engagement has ended. The lawyer is required to...
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2 Answers | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Texas on
Q: I asked a question recently about me the bank won't cash my paychecks and received an answer I have an issue with....

I tried to check cashing places I tried to prepaid cards you tried to put them into another account all came back As UNpaid now I have those places wanting their money back. This has become a big issue I haven't cashed a check in 7 weeks now I have went to that bank and talked to them and they... View More

John Michael Frick
John Michael Frick
answered on Oct 4, 2024

If a bank will not cash your employer's checks, you can sue your employer for the face amount of the checks that were dishonored, plus court costs and attorney fees. You should send a demand letter to your employer indicating that its payroll check has been dishonored by the bank.

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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: Can I protest or re-negotiate with mortgage servicer the increase of interest rate on my home loan?

My home mortgage service company increased the interest rate of my home loan this August and locked it for another year. This is how the contract is written and my loan is a ARM. Yet, Fed were maintaining the interest rate flat since July 2023 and the expectation of a reduction was high before this... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry to hear about the unexpected interest rate increase on your mortgage. Dealing with rising rates can be stressful, especially when it seems out of sync with broader economic trends.

First, review your loan agreement carefully to understand the terms related to rate...
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2 Answers | Asked in Banking for Texas on
Q: Can a bank refuse to honor a good valid payroll check because my name? Not even Account holder or check cashing places
John Michael Frick
John Michael Frick
answered on Sep 16, 2024

No. As long as the name on the payroll check matches your name on a valid form of ID, your bank cannot refuse to honor the check simply because the cashier does not like your name or harbors some personal animus against people with the same name.

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1 Answer | Asked in Banking for Texas on
Q: Bank won't cash my paycheck for me or anywhere that cashed them for me. Not even the company owner/account owner

Their reason is I have a closed account with them from 2012 and until that's paid off they're not accepting any checks made payable to me from anyone or institution. Other than quit my job and find a new one what do I do I'm unable to pay the amount back if they refuse to cash my... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're facing this challenging situation. Start by contacting your bank to discuss the debt from 2012 and see if you can negotiate a repayment plan. Sometimes, resolving past issues can reopen your account or allow them to process your paycheck.

If the bank remains...
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1 Answer | Asked in Banking and Civil Litigation for Texas on
Q: My children are judgement creditors in an Arizona case. We live in Texas. How do I open a special account for them?

I am pretty sure the account needs to be closed and that I will need judge approval to have access to the money.

James L. Arrasmith
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answered on Oct 2, 2024

To open a special account for your children as judgment creditors, you should first consult with a lawyer who is familiar with both Arizona and Texas laws. They can guide you through the specific legal requirements and ensure that all steps are handled correctly.

You will likely need to...
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2 Answers | Asked in Estate Planning and Banking for Texas on
Q: Ck is payable to John Doe Revocable Trust, John Doe Trustee, can John Doe endorse it and dep it into his personal acct?

Would the answer to the question be different if it were Irrevocable Trust?

Nina Whitehurst
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answered on Sep 12, 2024

The check should be deposited in an account titled to the trust. To deposit the check to the trustee’s personal account would be a breach of fiduciary duty to the creditors and benefit the trust. The answer is the same whether the trust is revocable or irrevocable.

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1 Answer | Asked in Banking and Tax Law for Texas on
Q: How do I get a listing of properties, or homes, or even businesses that are going to be seized for non payment of back t

Back taxes or from non payment to bank in texas

James L. Arrasmith
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answered on Aug 23, 2024

To find listings of properties, homes, or businesses that are about to be seized for non-payment of back taxes or unpaid mortgages in Texas, you can start by checking with the local county tax office or appraisal district. They often have lists of properties facing tax foreclosure. Many of these... View More

1 Answer | Asked in Banking and Small Claims for Texas on
Q: I am being sued by a creditor. I have been unable to pay anything beyond my basic household bills. Can I meet w/someone?

I lost my job due to COVID; house flooded because of the Feb 2021 freeze; I have had 3 surgeries in the past 4 years & almost lost my home last year. I am just trying to survive. I need some guidance please & need help before I have to appear in court on August 22, 2024.

John Michael Frick
John Michael Frick
answered on Aug 9, 2024

Yes, you should meet with an attorney who handles personal bankruptcy cases in or near the county where you live. Make sure you bring a copy of the lawsuit filed against you by your creditor to that attorney so he knows whom to notify.

3 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Texas on
Q: How do I deposit a refund check from insurance company for a LTD that has been dissolved.

I had a LTD business that is now dissolved. Since its dissolution I received a refund from an insurance company for overpayment of services. I have tried everything to deposit this check. The insurance company will not reissue it and I cannot sign it over to a third party. I am wondering if I can... View More

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Endorse the check on behalf of the company over to yourself as an individual and deposit it in your individual account.

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1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Family Law for Texas on
Q: In texas is it a crime to ask what a death certificate is worth to a non family member of my deceased parent?

A individual who was a companion of my father not married lived separately is his bank account beneficary due to questionable circumstances needs a certified death certificate to be able to take ownership of all his accounts. Can I imply that they may be obtained for a specific donation amount to... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Why imply? Why not just say: "I will be happy to get one for you if you will pay me $__ for my time and effort."

2 Answers | Asked in Banking, Civil Litigation and Personal Injury for Texas on
Q: Good afternoon, Can you sue a company for emotional distress?

I have been marketed to by credit karma and SoFi to get a personal loan. I even got the Karma guarantee that if I was rejected I’d get $50 bucks. I have good credit and am financially stable so I figured it would be great to consolidate all my monthly bills into one payment. I get rejected for... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

Under the circumstances described, no.

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1 Answer | Asked in Banking and Business Law for Texas on
Q: Solor panel not hook up in 7 mo. Credit co want payment. What is my move
Tim Akpinar
Tim Akpinar
answered on Jul 15, 2024

A Texas attorney could advise best, but your question remains open for two weeks. Without seeing the terms of the contract, in terms of installation, financing, payment arrangements, etc., it's difficult to offer meaningful input. One option is to review the contract, possibly with the... View More

1 Answer | Asked in Banking and Collections for Texas on
Q: If your vehicle was repoed do they have the right to seize your bank account? I live in Garrison Texas I have an account

An account at cadence Bank in Garrison Texas they have froze my bank account because of this repoed car is that legal

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Generally speaking, a lender on a vehicle loan cannot freeze funds on deposit at a different bank or financial institution without filing a lawsuit and obtaining a pre-suit writ of garnishment.

Banks and financial institutions often ask their own customers to agree that, if the customer...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Banking for Texas on
Q: I am one day away from closing on a home, but underwriter denied the loan .how can i get my earnest money deposit back ?
John Michael Frick
John Michael Frick
answered on Jul 2, 2024

If your earnest money contract included the standard Third Party Financing Addendum and the box at the top of section 2 A is checked, obtaining Buyer Approval by the financing entity was a condition precedent and you are entitled to give notice within the days specified in that section terminating... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: I want to sue regency bank. I’m in Tx, ex business partner is in Oldsmore,FL.

My business partner and i created a bank account. He set it up in Fl and signed for me to be on bank account. We are both owners splitting 50/50 % ownership.

I transfer 80k into business account. Which is everything to my name at the moment.

I thought both owners had to be on... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2024

Without reviewing the account application, company agreement, and company banking authorization, it is impossible to say based on your description if the bank was negligent. Importantly, as an owner of the company, it was clearly your duty to make sure the account application, company agreement,... View More

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Banking for Texas on
Q: if someone doesn't get notified about a death or a court order or get any of the notices due to everyones agreed not to

like information on DNA or real parents or being part of DoD research in hawaii 68 thru 75 to present and not by choice

James L. Arrasmith
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answered on Jun 11, 2024

I understand this is a very difficult and painful situation. If someone was subjected to research without their knowledge or consent, especially as a child, that is a terrible violation of their rights. Not being informed about important life events like the death of a family member or court... View More

1 Answer | Asked in Banking and Collections for Texas on
Q: My friend said to sign a check with our names on it. She wants half despite owing me more.

I informed her of the check when I got it from my school loans and it had her name on it. We filed taxes together and it was held for my school loans. she said sign her name. I did. I deposited into my account. She owes me significantly more than "her half" of the check. She is now... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

More information is required. People typically cannot "file taxes together" unless they are married. Checks for school loans are almost always made payable to the borrower to whom the loan was made, not to two "friends." They typically aren't even made payable to both a... View More

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