Banking Questions & Answers

Q: someone if my family usemy checks and put them in a account and I didn’t press charges can the bank press charges

1 Answer | Asked in Banking for New York on
Answered on Oct 21, 2018
Michael David Siegel's answer
Yes, but if you cover the checks they will not. Who cares at that point.

Q: I gave my car back to the bank.

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Answered on Oct 20, 2018
Timothy Denison's answer
Same answer I gave last question.

Q: house going to Sherriff sale. NOT short sale. Arm's length applies to short sale. Does it apply to Sherriff sale in NJ

1 Answer | Asked in Foreclosure, Real Estate Law and Banking for New Jersey on
Answered on Oct 17, 2018
Leonard R. Boyer's answer
There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.

Q: I have a merit badge for Law for Scouts. Can you please tell me what the duties and responsibilities of an attorney are

1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Personal Injury for Georgia on
Answered on Oct 16, 2018
Gary Kollin's answer
When I was growing up we had a place called a library where there were books, periodicals, encyclopedias and the like.

When we wanted to learn about a subject we would read instead of asking someone to work for us.

Today we do not have to go to the library. We have the internet which has a lot of reference sources including wikipedia.

Before you can become a lawyer you nedd a college degree. Then you attend 3 years of law school followed by the Bar exam.

When you...

Q: debt collection cases

1 Answer | Asked in Banking, Bankruptcy, Collections and Consumer Law for Idaho on
Answered on Oct 15, 2018
Kevin M Rogers' answer
All debt collection STOPS as soon as you file ANY chapter in bankruptcy. If you’re behind on a car payment and you file bcy the collection against you will stop immediately. Same with a house if you’re behind on your mortgage. However the collection on these two kinds of debts will start again as soon as the collector can get the court’s permission.

Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Answered on Oct 11, 2018
William N. Sosis' answer
No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

Q: Acorns withdrew 1,000. Unauthorized.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Banking for New York on
Answered on Oct 5, 2018
Michael David Siegel's answer
I do not know what Acorns is. But you need to make a fraud complaint with the bank ASAP, and make a police report. You need to block this auto debit with the bank. Getting it back is problematic.

Q: My family house is in foreclosure the bank wants me to show my paystubs and my bank statements but they won’t match

1 Answer | Asked in Banking for New York on
Answered on Oct 3, 2018
Michael David Siegel's answer
There are ways of dealing with this. The bank is not the IRS.

Q: I cannot get approved for a new car loan because my old was listed in a bankruptcy

1 Answer | Asked in Banking, Bankruptcy and Contracts for Ohio on
Answered on Oct 1, 2018
Timothy Denison's answer
Unless you signed a reaffirmation agreement or you have equity in the old car, Return the old car to the bank and stop paying on it.

Q: My car was listed in a bankruptcy the bankruptcy was dismissed because no collections came forward.

1 Answer | Asked in Bankruptcy, Contracts, Banking and Collections for Ohio on
Answered on Sep 30, 2018
Timothy Denison's answer
If the bankruptcy was dismissed, you still owe the debt.

Q: Hello, If someone faxed forged documents to my bank and received over a $100,00 from my trust fund from bank of America

1 Answer | Asked in Banking for Florida on
Answered on Sep 29, 2018
Terrence H Thorgaard's answer
I don't think so. But Florida Statute 775.15 provides in pertinent part that:

"...

(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:

(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to...

Q: A quality control audit on behalf of Amerihome requested me to verify a gift of money for mortgage loan.

1 Answer | Asked in Tax Law, Contracts, Real Estate Law and Banking for Florida on
Answered on Sep 26, 2018
Terrence H Thorgaard's answer
You didn't keep records of these transactions? Your bank doesn't have such records? I find that very strange if you and your bank don't have such records.

Consider if it may be some sort of Internet scam.

If they are threatening you with criminal prosecution, and particularly if you don't have the records, simply ignore their request.

Q: I own an LLC company in New Jersey. We were given permission to perform work for a property management company.

1 Answer | Asked in Banking, Business Law and Workers' Compensation for New Jersey on
Answered on Sep 26, 2018
H. Scott Aalsberg Esq.'s answer
Did you have a contract, did they have a contract? Anyway you are required to have workers compensation insurance by law. Sounds like you need to get yourself a good contract written by a lawyer.

Q: I have a joint account with my grandfather who passed away I December. I am the primary acct holder on the account.

1 Answer | Asked in Banking for Pennsylvania on
Answered on Sep 25, 2018
Cary B. Hall's answer
Call the bank to make sure it was a joint account "with right of survivorship" (sometimes abbreviated "JWROS"). If so, there's nothing you need to do and the money in that account is yours now.

Best of luck to you.

Q: I have an adult daughter receiving SSI disability.Her name is on my utility bills, bank accounts, etc., as I want her to

1 Answer | Asked in Banking, Social Security and Estate Planning for Maryland on
Answered on Sep 23, 2018
Mark Oakley's answer
She should not have any assets in her name or jointly with yours. You should establish a special needs trust to hold any assets you leave her in your will. That will protect the assets from disqualifying her from her benefits, while at the same time preserving the assets for her benefit and needs.

Q: Can a lender force you into a loan agreement modification?

1 Answer | Asked in Banking, Contracts and Real Estate Law for Florida on
Answered on Sep 22, 2018
Jonathan A. Klurfeld's answer
You took lender's money and the time to pay back the loan expired. So technically you are in default. You can sign and try to work it out, or not sign and lender will foreclose based upon your breach for failing to pay off the loan as the terms expired. You should have an attorney review the mod before signing or making any decision though.

Q: If my mom co-signed on a mortgage for her granddaughter and she passes, could the mortgage company get her house?

1 Answer | Asked in Banking, Business Law, Civil Rights and Contracts for Tennessee on
Answered on Sep 20, 2018
Anthony Marvin Avery's answer
If she signed the Note, then she is jointly and severally liable for the loan, and you cannot remove her contractual obligation. Her dying is not a Default on the Note, but nonpayment and other requirements are. If the Note goes in Default the Lender will probably sue Granddaughter and the Mother or her Estate. If she dies, Probate is not a good option. The Lender would probably foreclose on the encumbered real property, and then they may or may not sue upon the Note Deficiency , if there...

Q: How can get an time period of an 6 month to repay my principal loan amount to home credit finance company.?

1 Answer | Asked in Banking, Small Claims and Bankruptcy on
Answered on Sep 16, 2018
Timothy Denison's answer
Unless you've actually filed bankruptcy, you will have to negotiate that directly with the creditor.

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