Banking Questions & Answers

Q: Is it mandatory to include a verification pleading with an interrogatories, discovery's and admissions ?

1 Answer | Asked in Consumer Law, Banking and Civil Litigation for California on
Answered on Dec 15, 2018
William John Light's answer
A Verification is provided with discovery responses, not with the actual discovery.

Q: How do i find out about inheritdeine if i was left any thinby my mother

1 Answer | Asked in Banking, Elder Law and Probate for California on
Answered on Dec 14, 2018
Richard Samuel Price's answer
You would look through her important documents to see if she had a will. Even if she didn't have a will, then you may still be entitled to an inheritance. You could check the county probate court to see if a probate action was initiated for her estate. Was she married when she passed? Did she own real estate when she passed? Bring your information to an attorney in your area for a full consultation.

Q: How can I file a suit against a Mortgage Co for overpayment and would I need a Lawyer to do so?

1 Answer | Asked in Consumer Law, Real Estate Law and Banking for Missouri on
Answered on Nov 29, 2018
Ronald J. Eisenberg's answer
Your question is not one that can be meaningfully answered in a couple of sentences. It's like asking, "How do I build a house?" or "How do I perform an appendectomy?"

The short answer to your question is that you file a petition in an appropriate court asserting a proper cause of action, assuming you haven't entered into a binding arbitration agreement covering your situation. But that answer doesn't do you much good.

While you have the right to file a lawsuit without an...

Q: Can I legally ask the bank to revoke my co-signing on a vehicle my now ex has? Loan is current

1 Answer | Asked in Consumer Law, Divorce and Banking for Florida on
Answered on Nov 29, 2018
Terrence H Thorgaard's answer
What you heard was wrong. The bank was not a party to your divorce, and is not bound by anything in the divorce decree, nor does the decree modify the effects of your decision to co-sign the loan.

Q: Trustee made final distributions to beneficiaries and stopped payment on my check. Do I have recourse with the bank?

1 Answer | Asked in Banking, Consumer Law and Probate for California on
Answered on Nov 26, 2018
Richard Samuel Price's answer
You should be discussing this with your attorney. You mentioned mediaiton, have you already signed a settlement agreement? If so, you should be able to enforce the settlement agreement with a motion before the court. You can file a declaration with the court regarding the stop-payment on the check.

Q: in a joint tenants deed, can one of tenants get a loan for its part of the property?

2 Answers | Asked in Banking and Real Estate Law for Florida on
Answered on Nov 22, 2018
Vincent Gallo's answer
Sure, if a lender is foolish enough to lender to that one person.

Q: Can I open a new account in my name then xfer half the money after bills into the joint account for my soon 2 be xwife?

1 Answer | Asked in Divorce and Banking for North Carolina on
Answered on Nov 18, 2018
Amanda Bowden Houser's answer
You can do it that way but you will have definitely and unnecessarily over complicated things. If you are worried she will spend too much, just get your own separate account that she doesn't have access to (as you already plan to do) and simply cut her a check every month. She can't spend what she doesn't have access to and she won't be able to over draw or cause problems for you with a check like she possibly could do with a joint account and at the end of the day, accounting and keeping...

Q: Is it legal to install spyware on another persons phone without their consent or knowledge?

1 Answer | Asked in Criminal Law, Banking, Civil Rights and Communications Law for California on
Answered on Nov 17, 2018
Dale S. Gribow's answer


Q: I turned in my rent check on october 1st. It has not been cashed yet. Landlord says its banks fault. What should I do?

1 Answer | Asked in Banking and Landlord - Tenant for Oregon on
Answered on Nov 13, 2018
Gregory L Abbott's answer
Talk to your bank and find out what the problem is and where your check currently is. That knowledge will in turn allow you to fix the problem and go forward.

Q: What are the rules on limits to finance charges for credit card?

1 Answer | Asked in Banking for Maine on
Answered on Nov 10, 2018
Fred Bopp III's answer
Please see the discussion of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("CARD Act") on page 15 of the document found at this link:

Also, Maine law does not limit the interest that can be charged on a credit card. Out of state financial institutions are subjected to the interest rate ceilings of their home state.

Q: I own a nyc wholesale business, I had a client who bounced several check in the amount of 200k usd

1 Answer | Asked in Banking for New York on
Answered on Nov 9, 2018
Michael David Siegel's answer
Only the DA can prosecute anything. You can make a criminal complaint for the bounced checks, but it is very unlikely to be acted upon. You can sue in Supreme Court for damages, but that is really it.

Q: I just learned that I inadvertently committed a federal financial crime. Should I write a letter of explanation to IRS?

1 Answer | Asked in Banking, Federal Crimes, Immigration Law and International Law for Washington on
Answered on Nov 8, 2018
Hector E. Quiroga's answer
You need to speak with an attorney familiar with federal law around international financial transactions.

Q: Can a bank take funds for offset if the money was withdrawn from a 401k due to financial hardship?

3 Answers | Asked in Bankruptcy, Consumer Law and Banking for New York on
Answered on Nov 5, 2018
Michael David Siegel's answer
Possibly. It depends on the timing of how it came down.

Q: Spouse died, had a business loan-can the bank pressure me to pay if I'm not on the note, nor a part of his business?

1 Answer | Asked in Consumer Law and Banking for Colorado on
Answered on Oct 29, 2018
Ashley Dean Powell's answer
Sounds like you are in a very difficult situation. I don't think I can speak to the employment-related issues.

As for the debt, as a general matter, if you did not sign the note, did not sign a guarantee related to the note, and were not part of the business that borrowed the money, then you typically would not have a direct liability for the debt.

There are a variety of factors that may influence that answer. Was your spouse's "business" a separate legal entity or actually just...

Q: I transferred some money from my bank through Bank of America and the money did not go through but is held by them.

1 Answer | Asked in Banking for Pennsylvania on
Answered on Oct 28, 2018
Peter Munsing's answer
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 regulation division of the Federal Reserve Bank in Philadelphia.

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

2 Answers | 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...

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