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Alabama Banking Questions & Answers
1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: We have the deed to house and 16 acres of land and have an equity line for 80% of the value. Can we sell 1 1/2 acres of?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... Read more »

1 Answer | Asked in Banking, Contracts and Probate for Alabama on
Q: Question about obligations as a seller in a contract for deed

I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 16, 2020

You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.

1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am the seller in a contract for deed, am I required to fill out a Verification of Mortgage?

I am the Executor of my fathers estate and he signed a contract for deed 1.5 years before he died. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a VOM. The buyers bank told me without the VOM the underwriter will not give the buyer the loan. I've read... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Mar 14, 2020

Required by whom? What is a "Verification of Mortgage" Probably, you have entered into a contract for deed (which is a lot tricker that you might think). Does the contract for deed violate the terms of any existing mortgage on the property? Will the "contract for deed" make the... Read more »

1 Answer | Asked in Banking and Contracts for Alabama on
Q: I am in the process of purchasing a home and am the only one on the mortgage. My wife doesn't have an ID. Can we close?

A

Amanda B Cook
Amanda B Cook answered on Nov 4, 2019

You should ask this question of your financial institution and your closing attorney's office. There is usually an affidavit which the bank requires the closing attorney to sign that states the attorney or closing agent has asked all parties to prove themselves by identification. Whether or... Read more »

1 Answer | Asked in Banking and Federal Crimes for Alabama on
Q: Is this fraud?

In December 2018 I was given 2 Thrivent Financial debit cards loaded with $250 each, $500 total. Both cards have "valid thru 09/21". I used one of the cards for around $25 shortly after receiving it, but the next time I tried to use it the card was declined. My wife tried to use the other... Read more »

Gary Kollin
Gary Kollin answered on Oct 3, 2019

And you believe them?

1 Answer | Asked in Banking for Alabama on
Q: Can my bank hold part of my paycheck because I owe on a loan?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 31, 2019

Yes.

1 Answer | Asked in Banking, Civil Litigation and Consumer Law for Alabama on
Q: We were issued a wage garnishment , but the amount was already taken out of our bank account in February.

Over the weekend we were served with a wage garnishment , but the money was already taken out of our bank account in February . This is the same court case number and amount that was already deducted in the February withdrawal. We never received a garnishment letter from the withdrawal in February... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

Unless the earlier garnishment was insufficient to repay all of the debt underpinning it, I cannot think of a reason why the garnishment has re-appeared. If you want to get rid of it--temporarily--close the bank account; and do not open another account at the same bank.

1 Answer | Asked in Banking for Alabama on
Q: I deposited a check written to me in my bank account atm. What will happen if i withdraw 200?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

If the check bounces the bank will debit the amount of the check from your account and charge you a (hefty) return check charge. Then they will debit the $200 that you took out of the bad check and charge you another (hefty) fee. And finally, depending upon other facts about you past relationship... Read more »

1 Answer | Asked in Banking and Probate for Alabama on
Q: What is the waiting period for a deceased persons bank funds to be released to the heir in AL with affidavit of heirship

Filed affidavit of heirship notarized with death certificate with the bank and they say they're holding for 60 days... Doesn't seem correct... What is the current waiting period in Alabama?

Jack T. Carney
Jack T. Carney answered on May 25, 2018

It is actually 60 days. The affidavit for small accounts is governed by the banking code. The relevant section is below:

“Section 5-5A-39

Disposition of small deposits of deceased person - Time for payment; when payment prohibited.

No payment shall be made pursuant to...
Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Banking for Alabama on
Q: How do we cash a check with 2 names on it after one has died?

An insurance check has deceased and her daughter's name on it.

Kristine Jones
Kristine Jones answered on May 8, 2018

Depends on if the check says "and," "or," or it's silent as to one of those.

1 Answer | Asked in Banking, Real Estate Law, Foreclosure and Arbitration / Mediation Law for Alabama on
Q: If a bank foreclosed on my home, can the bank hold a friend of mine (who house sits for me) liable for the loan?

My friend owns her own home. She is not on my deed.

Rafael Gil III
Rafael Gil III answered on Mar 7, 2018

No, she cannot be held liable for the loan unless she executed a loan with her name on it.....your friend is safe!!

1 Answer | Asked in Banking, Consumer Law, Collections and Elder Law for Alabama on
Q: How can I get copies of a bank judgement and all supporting documentation?

I recently received notice from a local bank that they have an old judgement against me and my late husband but I do not believe that I owe it and do not recall signing the papers. I have repeatedly requested all documentation supporting the balance and judgement. But they simply ignore me and... Read more »

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.

1 Answer | Asked in Banking and Bankruptcy for Alabama on
Q: When a bank repos a car & you owe a balance once its sold, can they attach your social security or retirement check

I owe the money to a bank but it is not the bank that my income goes into.

Rafael Gil III
Rafael Gil III answered on Mar 2, 2018

First, the company has to file a lawsuit against you, then a judgment is then rendered against you (if no defense is raised). Having said all that assuming there is a judgment, they CANNOT levy your social security income! They MAY be able to levy your retirement income if it comes from a private... Read more »

1 Answer | Asked in Banking for Alabama on
Q: who gets the money in a bank account on joint accounts when one of the persons on the account dies?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 24, 2015

This depends on what the signature card at the bank says. Most of the time, the signature card on a joint account will say that the parties signing on the account are joint tenants with a right of surviorship, but not always. A person could be merely an additional signatory on an account with no... Read more »

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