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Banking Questions & Answers
1 Answer | Asked in Family Law, Banking, Civil Litigation and Probate for Missouri on
Q: how may obtain a copy of my uncle's last will & testament of which I am allegedly 1 of the included beneficiaries?

my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the state's... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 7, 2019

You can get a copy from the probate court where your uncle's probate case was commenced.

1 Answer | Asked in Banking and Contracts for Colorado on
Q: Does underwriting really need transaction history from who is giving a "gift" for FHA

Buying a house and my husband and I don't qualify for conventional - however my father is gifting me money as a graduation gift for down-payment and we have FHA. Underwriting is demanding my father's bank statement with ALL transactions and he will not give up that information non-redacted. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 6, 2019

The mortgage loan underwriting process--especially when it is an FHA government guaranteed loan--will require proof of income from all sources because FHA will not allow borrowers to borrow any of the down payment from any source.

In this case--since you have told the FHA that your father...
Read more »

1 Answer | Asked in Banking and Bankruptcy for North Carolina on
Q: My wife recently filed for bankruptcy soley without my knowledge to rid her responsibility to our debts. what do i do

She has not been living here at home for some time and has been living with her Mother who has convinced her to file for bankruptcy to get rid of her obligations to our debts. She is hiding money from the case to help strengthen it in her mothers accounts as well as possible accounts. She has... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you can prove she is hiding money, you may want to advise the trustee in her bankruptcy case.

1 Answer | Asked in Banking, Contracts, Consumer Law and Real Estate Law for Wisconsin on
Q: Home purchase: Can another person/name be added to title at closing?

Buying house, he is on the loan and I am not. The bank just said I cannot be put on the title because we are not married? Is this law or policy? Thank you!

Thomas B. Burton
Thomas B. Burton answered on Dec 4, 2019

If two parties are not legally married, I do not recommend jointly owning property with someone who is also not liable for the mortgage on the property. Once you are married, your husband can add you to the title, if he wishes via deed. In Wisconsin we have a special form of ownership where married... Read more »

1 Answer | Asked in Banking and Contracts for Texas on
Q: In Texas, if I default on loan, a lender can recoup from my bank account? what if account is only in my wife’s name?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It would depend on whether your wife has signed as a security interest on the loan as well and what exactly the loan is for. The lender may also have to first obtain a judgment. Another thing to consider is whether a credit union is involved. It's best to consult privately with a debtor's... Read more »

1 Answer | Asked in Banking for South Carolina on
Q: Yes i was lock up for forgery but I didn't sign no ones names are write the check myself I cash the check for a friend.

My friend told me that she did not have any identification that's why she couldn't cash the check I walked into the bank and I signed my name in front of the tailor that's all I did was sign my name to get the check cashed but I did not forward no name and I did not write the check out so what can... Read more »

Ryan D Templeton
Ryan D Templeton answered on Dec 3, 2019

If you have been charged you need to contact an attorney ASAP so that they can intercede on your behalf with law enforcement. The sooner the better.

1 Answer | Asked in Banking and Federal Crimes for New Mexico on
Q: I am a victim of check fraud and my bank is telling me its my fault. New Mexico resident
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

You are not alone. Thousands of people are accepting, cashing or depositing checks that turn out to be fraudulent. Your bank is aware of the (very likely) possibility that you and your bank account(s) might be the target of even more fraudulent activity-- and so the bank is taking necessary steps... Read more »

1 Answer | Asked in Banking and Tax Law for New York on
Q: Do I need to pay taxes when transferring money from my foreign bank account to my American account?

Hi, I wanted to get information about the possibility of transferring money I have in Brazil in my account there to my US account, about $225,000. Do I need to pay tax on that when I transfer, or in the end of the year? Do I need to declare it in my tax return? I am a temporary resident in the US... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 3, 2019

Any transfer over $10,000 US is reported by the bank but is not taxed.

You don't report it on your personal income return as long as it's a personal transfer.

If it's a gift or earned income it changes things.

1 Answer | Asked in Banking for Maryland on
Q: Can I prosecute check forgery with only a xerox of the forged check ? The bank destroys original checks.

The College Park post office's outside mailbox was broken into, and 4 of my checks were among the stolen letters. Using a stolen check, a person "doctored" all the original information on it so that the check was made payable to him for the sum of $6,000. He then attempted to deposit the check into... Read more »

William Jaksa
William Jaksa answered on Dec 3, 2019

Why not refer the matter to the police? They investigate these types of crimes every day and understand the rules of evidence and the quality of evidence that is needed.

The short answer is 'yes'. The police will take statements and affidavits from the bank employees, video surveillance,...
Read more »

2 Answers | Asked in Estate Planning, Banking and Elder Law for Arizona on
Q: I have a General PoA for my elder dad, but bank requires a Durable poa. How can I get one if he's not cognizant?

He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are named... Read more »

Ryan K Hodges
Ryan K Hodges answered on Dec 2, 2019

If you dad is in Pennsylvania, then you should probably consult an attorney there regarding options. In Arizona, most attorneys draft all POAs as durable one, but the law may be different in PA.

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1 Answer | Asked in Banking for Texas on
Q: My brother and me visited my bank. I asked my banker to make him my power of attorney

They brought me their own form from the bank and had me and him sign it then she told me if he is approved by her supervisor they will email me allowing him access to my account . I asked her if approved by your supervisor ? It’s my bank and it’s been 3 days and with no response from them . Is... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

You may do your own power of attorney and take it to the bank. I would suggest having a lawyer do it so that you know it is drafted correctly.

1 Answer | Asked in Criminal Law, Banking, Business Law and Libel & Slander on
Q: Man asked me to cash a cheque and deposit it to bitcoin. Now I have the money ..help

I got afraid it was a scam so now I'm holding the money until I can go bank in the morning and see if it's a fraud cheque. The man however is harrasing me telling me he's bring me to court for holding it. I'm so afraid can someone please help in anyway. I just want to get rid of the money from my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 25, 2019

The bare facts related by you could easily be seen as stealing by any law enforcement agency. Is that enough advice to get you moving?

1 Answer | Asked in Banking, Bankruptcy, Employment Law and Employment Discrimination for Florida on
Q: Can I lose my Mortgage License if I have to file BK 13?

I have been a Mortgage broker for 14 years.Unfortunately I need to do a BK 13 for an unrelated business. Can I lose my license?

Timothy Denison
Timothy Denison answered on Nov 25, 2019

Probably not unless the 13 filing is occasioned by some wrongdoing or otherwise.

1 Answer | Asked in Banking and Civil Litigation for Iowa on
Q: If a bank is paid off and the loans are moved to another bank and the previous bank signed off can they still foreclose

the bank has an on going lawsuit against them and signed off on the loans to be transferd to another bank and the transfer was completed for months now. Now they filed a deficancy on the farm and sold it without our knowledge and now are evicting us. what can be done to stop this?? They also... Read more »

Erik Luthens
Erik Luthens answered on Nov 23, 2019

You need to immediately consult with an Iowa attorney who handles real estate matters and farm foreclosures in particular.

1 Answer | Asked in Banking, Business Law and Contracts for Washington DC on
Q: Agreeing to a company ToS (like Amazon) gives it the right to own funds and not belong to them

Amazon holds billions of dollars of merchants whose funds have been frozen due to a ToS violation. In fact, it is their unethical way of making interest-free money and using it at will. Any solution

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2019

Wow.

Is your name Jeff Bezos? Or perhaps you work for Amazon in a very high-level operations position?

If not then please tell us (1) where you got this unbelievable information and (2) what your reason is for publishing this unbelievable information publicly here on Justia?...
Read more »

1 Answer | Asked in Banking, Civil Litigation and Collections for Maryland on
Q: In Maryland our joint account was served with a writ of garnishment however only of of us is the judgment debtor.

Is it worth trying to get the frozen account taken care of through the collections/law firm or should I go to court and immediately file a motion to release? Does my wife have a case for damages as we cannot currently pay rent, insurance, food etc..

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 18, 2019

An online post cannot give a detailed answer on the best steps to take in a particular situation. The law offers some protection, but it is not automatic.

Generally speaking, if an account is owned as TENANTS BY THE ENTIRETY, in most situations a judgment creditor of only one spouse...
Read more »

1 Answer | Asked in Banking for California on
Q: i was gifted some old stock certificates. some of the companies are still in business. what should i do with them?
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 18, 2019

Talk to a stock broker, preferably in person. There is no shortage of them in your area. Assuming the certificates are valid, you probably want to open up a brokerage account and deposit those shares into that account. Then you can easily sell them, option them, collect dividends, exercise... Read more »

1 Answer | Asked in Banking for Tennessee on
Q: Can I get my car that's paid off exempt from seizure? If I lost my job and defaulted in a cc?

Someone came to my roommates house today and dropped papers off for me and it just so happen to be a civil summons in regards to a c.c bill I defaulted on when I lost my job. I know they can take whatever I own in order to satisfy a judgement but it also says that if I want property exempt from... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 18, 2019

Hire a competent attorney that understands notes and exemptions. Few know how to exempt property, which is what you should do now and in the future for at least 10 years. The attorney should attempt to make the contract debt as painless as possible, then properly exempt your chosen personal... Read more »

1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Can my bank refuse to speak to an attorney that I retained to help handle my finances?

The customer service person said he needs to be granted a power of attorney first. I find that ridiculous. He is my attorney on retainer. They HAVE to work with him in that capacity- right?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

No they don't. This rule is very common in the financial industry. Why?

Because--other than your assurances--the bank has no other way of knowing the lawyer is who he says he is.

Stop and think this all the way through: The bank is protecting you--and all your money on...
Read more »

1 Answer | Asked in Banking, Contracts and Family Law for New York on
Q: My neighbor who has no family passed away and my family wants to claim the body. Is there any way to Access her money?

The money would be used to pay for her funeral and what not

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

Not immediately for this. You can get it back later.

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