Lawyers, Answer Questions  & Get Points Log In
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 Contracts, Estate Planning, Admiralty / Maritime and Banking for Utah on
Q: www.law.cornell.edu website doesnt have UCC 9-105 (1)(n) & (1)(h) listed, do u have link to where I can view them online
Tim Akpinar
Tim Akpinar answered on Jun 30, 2020

It looks like some of the other ordinary resources that post UCC 9-105 (Control of Electronic Chattel - Paper) do not include them. You posted under Admiralty/Maritime - I checked but could not find cross references under ordinary maritime laws I work with. The attorneys familiar with banking... Read more »

1 Answer | Asked in Banking, Business Law and Contracts for Missouri on
Q: Can I sue a financial institution for tortious interference involving a contract/ and or breach of contract?

The bank used to obtain a loan for my company shut my debit card off and blocked access to funds needed to conduct my daily business operations due to my business partner and I having a disagreement. He used his connections at the bank to pull this stunt off. The account was clearly a joint... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 29, 2020

It sounds like your business is the accountholder and that it be the party with standing to file any lawsuit. It also sounds like you and your partner are not going to agree on whether to pay an attorney thousands of dollars to sue the bank. You should carefully review the depository agreement... Read more »

1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

1 Answer | Asked in Banking for Ohio on
Q: If someone makes a large purchase of over 10k and the irs starts investigations but cannot find anything, what happens?

They cant find ANY details on where the cash came from. The person in question denys to answer ANY questions.

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 25, 2020

The IRS can issue an IRS Summons to any banking institution involved in the transaction (the bank that received the funds, for example), requesting copies of bank statements, wire transfers sent or received, ACH transactions, etc., and trace where the money came from. Unless it was a cash purchase... Read more »

1 Answer | Asked in Banking and Family Law for Colorado on
Q: My mother passed away from Co-Vid 19 recently. I am trying to close her Credit Union Account & IRA. I am the Beneficary

They are saying I can't becuz she has more account. (Which I have no idea of) they say I need more paperwork than Death Certificate.

Something about CRS 15-12-1201 I don't understand it or Pres. Rep. Paperwork Letters. Testamentary or Letters of administration

What does... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 25, 2020

I am truly sorry for your loss.

You may or may not need to go through probate, depending on how much her estate is worth. If it is below the statutory limit, you can do it without probate by using the 15-12-1201 affidavit. If it is over that amount, you will have to do a probate. you should...
Read more »

1 Answer | Asked in Banking, Probate and Estate Planning for Ohio on
Q: Is you have a shared bank account with your wife can you leave the money in it to your kids in your will?

Your husband dies and in his will he left all the money in your shared savings account to his kids from a previous marriage. The savings account has all the money you need to live off of. Can the kids legally take all that money from you even tho that’s your money you have been saving? There is... Read more »

Paul Kellogg
Paul Kellogg answered on Jun 25, 2020

It is very settled law in Ohio that joint bank account passes to the surviving joint owner in the event of the death of the other co-owner. The account does not pass through probate and is not controlled by the terms of the will.

1 Answer | Asked in Banking for Maryland on
Q: Can I press charges if I was given a fake check which took me a $30 stop payment fee check after cancelling the deposit?

Some men messaged me. He told me he'd give me an "allowance" and he said we needed to do a test in for him to know that he can trust me. He sent me a check and told me to deposit it and I did. Then I got scared and after doing some research I realized that he was doing a popular... Read more »

Mark Oakley
Mark Oakley answered on Jun 24, 2020

Yes. Call the police and provide the email address, telephone numbers, names, whatever it is you have. My guess is the scammer is too smart to use anything traceable back to him, but that's an issue for the police to figure out.

4 Answers | Asked in Bankruptcy and Banking for Virginia on
Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

Timothy Denison
Timothy Denison answered on Jun 22, 2020

Depends on whether there is a wraparound security interest in the car tied to the credit card.

View More Answers

1 Answer | Asked in Banking for New York on
Q: Almost $3500 was transferred fraudulently from my acc using zelle but BOA refuse to refund my money, what can I do?

BOA kept saying the device that was used was consistent with my device. I was at work at the time of transaction. I need help please.

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

You need to file a criminal complaint to start. As Zelle requires your device and password, the assumption will be it was your negligence and/or cooperation that caused it.

1 Answer | Asked in Banking for California on
Q: Can i be sued by a bank for a default that happened over 10 yrs ago?

I was contacted saying i am being taken to court by a bank for a default that happened in december of 2010. I do not ever recall having this bank, and cannot find anything on line about it, but they have said they tried to contact me previously which i have never received. Can this "bank"... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 19, 2020

You are not saying what type of debt they allege (consumer, commercial, line of credit, credit card), but if the default took place ten years ago and you did not acknowledge the debt during that time, most probably the statute of limitations would not allow the claim to be filed in court, or it... Read more »

1 Answer | Asked in Banking for New Hampshire on
Q: If I’m the secondary account holder/shared account holder for a bank account do I have equal rights to the funds?

It’s a holy rosary credit union account if that helps

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 18, 2020

You need the Terms & Conditions given at the time of account opening (or the latest published version, usually available at branch locations for customers that request it.) Some banks may have it online for download, especially if you have online banking. The account may read "A or B"... Read more »

1 Answer | Asked in Banking for California on
Q: What type of lawyer do I need for Intestate death laws in California?

My father passed without a will or testament and has a surviving legal spouse, and two alive children. The Ex-Wife of my father had POA before he passed away and transfered all of the funds from his account to her personal accounts. She then notified the bank who closed his accounts only after she... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 18, 2020

You need to contact a Estate/Probate attorney. A power of attorney terminates upon the death of the grantor. If there were any transfers of money after the grantor's death you need to obtain evidence of this through a subpoena issued to the bank or banks where the accounts were held. For this... Read more »

1 Answer | Asked in Banking, Consumer Law, Contracts and Identity Theft for Kentucky on
Q: Is it illegal for a loan company to accidentally share your personal information with another person?

I had a personal loan, I paid it off in March or April. The loan company sent me the wrong persons original loan Note Agreement. Like I have someone else's original signature documents. Has personal info on it... I called the loan company to let them know and asked if my info was sent to the... Read more »

Timothy Denison
Timothy Denison answered on Jun 17, 2020

No, not if it was accidental!!!

1 Answer | Asked in Banking, Child Support, Estate Planning and Family Law for Michigan on
Q: I live in michigan and have family court questions that the courthouse couldn’t answer. Who can i call to get answers.

I need help figuring out the legal options i have. My situation is complicated so a phone call would be the easiest route to discuss in further detail. Please help.

Kenneth V Zichi
Kenneth V Zichi answered on Jun 16, 2020

Courts are prohibited by law from providing legal advice. To do otherwise would make them biased by definition and unable to handle a case impartially.

You need to hire your own attorney especially if your situation is ‘complicated’. Your best option is to find a LOCAL lawyer as local...
Read more »

4 Answers | Asked in Banking and Bankruptcy for California on
Q: Objectively, can creditors in Chapter 7 garnish checking account money from State and Government benefits?

Benefits including Social Security, stimulus check and Unemployment Insurance due to Covid-19 in California.

Harlene Miller
Harlene Miller answered on Jun 15, 2020

Question not specific. Are you currently in a chapter 7 bankruptcy case? If so, creditors are stayed from collecting from you - no matter what the source of the funds. Upon filing a bankruptcy, any garnishment in place is stopped. Talk with your bankruptcy attorney - hopefully you have one... Read more »

View More Answers

4 Answers | Asked in Banking and Bankruptcy for California on
Q: Hello, I am receiving unemployment insurance in my checking account after the 341 meeting of creditors chapter 7 in Ca

No creditor showed up for my 341 meeting. Can they still take money from my checking account? Thanks!

Harlene Miller
Harlene Miller answered on Jun 15, 2020

So long as you listed all of your creditors, they are controlled by your bankruptcy and the automatic stay that stops them from trying to collect from you or take money from your checking account. Be sure that if a creditor had a judgment against you, which would have allowed them to levy your... Read more »

View More Answers

2 Answers | Asked in Banking and Family Law for Texas on
Q: My mom and dad are separated but not legally divorced. Is her personal bank account at risk if he got into a lawsuit

We all currently live in the state of Texas for now. They have a joint account and then she has a personal account with only her name on it. I am trying to figure out if he or someone else could take money from her account in this case due to a lawsuit. If so, what can we do to protect her account?

Chad Zubi
Chad Zubi answered on Jun 14, 2020

Everything acquired during marriage, regardless of whose name is on it, is community property which is subject to a just and right division. The items that are not community property are called separate property and consist of items that are gifts, inheritances, and personal injury awards other... Read more »

View More Answers

2 Answers | Asked in Estate Planning and Banking for California on
Q: Can I go after step sister for embezzlement from step mother stealing my trust fund in 2013

she gave my trust to step daughter and grandson forged my name on it.

Zaher Fallahi
Zaher Fallahi answered on Jun 13, 2020

I would consult a criminal defense attorney before filing embezzlement case against another person. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax advice....
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.