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California Banking Questions & Answers
1 Answer | Asked in Banking, Bankruptcy, Personal Injury and Civil Rights for California on
Q: How do I sew the court for litigation abuse syndrome regarding the PG&E Camp Fire Case?

I am a victim of the 2018 Camp Fire. Multiple times the court abused my civil rights. The judge refused to let speak on my behalf, lawyers voted for me with out being a client, bullied by the Tort lawyers, during litigation, and I was forced to represent my self because the lawyers refused to... View More

James L. Arrasmith
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answered on Jul 28, 2024

I'm really sorry to hear about your experiences with the PG&E Camp Fire litigation. Under California law, you have the right to file a complaint if you believe your civil rights were violated during the legal process. To start, you'll need to document all instances of perceived abuse... View More

1 Answer | Asked in Foreclosure and Banking for California on
Q: "Seeking advice on loan modification: If my mom (or we as POAs) signs, who is liable if the loan defaults?"

my brother took the loan using my mom’s credit. My mom is not in the mental state to sign the agreement. If myself or my son who are the power of attorneys signed that document for my mom, where does the responsibility lie if the loan goes into default.?

James L. Arrasmith
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answered on Jul 24, 2024

If you or your son sign the loan modification document as power of attorneys for your mom, you are signing on her behalf, not assuming personal liability for the loan. Under California law, the responsibility for the loan remains with your mom, as the original borrower, even if you sign on her... View More

1 Answer | Asked in Banking and Civil Litigation for California on
Q: I was in the process of selling my boat. I found a buyer, but the buyer wanted to pay with a check. I told the buyer

That was ok, but he woukd have to wait for his check to clear with my bank before he could take possession of the boat. We both agreed. I took the check into my bank branch and deposited the check into my checking acct. After 5 days the check cleared and was posted to my account. That same... View More

James L. Arrasmith
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answered on Jun 30, 2024

This is an unfortunate situation, and I'm sorry to hear you've experienced this fraud. To answer your question: Yes, banks can generally freeze accounts when fraud is suspected or detected. However, there are some important points to consider:

1. Check clearing process: While a...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: Chase bank needs to verify my tax refund check and are holding my funds in suspense till they're able to verify it.

I deposited my tax refund check to my account at chase bank on April 3 2024. After the check got cashed on April 15 2024 they closed my account and have my funds in suspense. Till this day I have not received anything from my refund check. I've gone multiple times in person and called customer... View More

James L. Arrasmith
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answered on Jun 29, 2024

This situation sounds frustrating, and it's concerning that Chase Bank is holding your tax refund funds for such an extended period without clear communication. Here are some steps you might consider taking:

1. Document everything: Keep a detailed record of all your interactions with...
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1 Answer | Asked in Banking for California on
Q: Would I have a case against a bank, if they had removed money from my savings account without my permission?

I do not have a loan, collection's, an account with the named company in the transaction or its known affiliates. It was my and my disabled fathers rent money and now I'll have to get a loan to cover.

James L. Arrasmith
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answered on Jun 24, 2024

Based on the information provided, you might potentially have a case against the bank. Here's a brief analysis of the situation:

1. Unauthorized withdrawal: Banks are generally not allowed to remove money from your account without your permission, unless there are specific legal or...
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1 Answer | Asked in Banking for California on
Q: Can a bank charge me hundreds of dollars extra for months stating my insurance had lapsed when it had not?

Also there was a $50 additional charge every month for a auto detailing / paint protection application that I did not want in the first place, and was never received. But it was payed for every month as a additional fee added to my regular monthly payment. Also an employee of the bank repeatedly... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the details you've provided, there seem to be several concerning issues with how the bank has handled your auto financing:

1. Incorrect insurance lapse charges: If your insurance had not actually lapsed, the bank should not be charging you additional fees. You have the right...
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1 Answer | Asked in Family Law, Banking, Elder Law and Probate for California on
Q: My sister passed away before she established the trust. Her husband with dementia is in the hospital. Can I do POA ?

My sister said she would give me their house after they died. Unfortunately, she passed away three weeks ago. She never established the the trust. My brother-in-law with dementia (he knows who I am ) also said that I would be the one who inherits the house after he dies. He gave me all his bank... View More

James L. Arrasmith
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answered on Jun 6, 2024

I'm so sorry for your loss and the difficult situation you're in. Here are a few key things to know about power of attorney (POA) and establishing a trust in California under these circumstances:

1. Your brother-in-law would need to have the mental capacity to execute a power of...
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2 Answers | Asked in Real Estate Law, Banking and Business Law for California on
Q: Real Estate: Judges, Home Mortgages and Legal Definitions

Do judges take legal definitions into consideration in court cases?

What is the legal definition of co-signer?

What is the difference, in relation to a home mortgage, between a co-signer and co-borrower?

James L. Arrasmith
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answered on May 18, 2024

Yes, judges do take legal definitions into consideration when deciding court cases. Legal definitions are important because they provide clarity and consistency in the application of the law. Judges rely on these definitions to interpret statutes, contracts, and other legal documents.

In...
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2 Answers | Asked in Real Estate Law, Banking and Business Law for California on
Q: Real Estate: Judges, Home Mortgages and Legal Definitions

Do judges take legal definitions into consideration in court cases?

What is the legal definition of co-signer?

What is the difference, in relation to a home mortgage, between a co-signer and co-borrower?

Delaram Keshvarian
Delaram Keshvarian
answered on May 19, 2024

Thank you for your question!

First, The court considers the intent of the parties in the mortgage agreement. If the intent can be impliedly or expressly defined from the agreement, that meaning governs.

If there is no definition, the court will look at the custom in the industry,...
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1 Answer | Asked in Consumer Law and Banking for California on
Q: Can my bank take 90 days to investigate an error even though my account isn't new? Do they have to give me temp credit?

I did a transaction for $795. The merchant claimed they didn't receive payment, but I was charged and my bank says the transaction was successful. I did a 3 way call with the merchant and my bank and it was made very clear that there was an error with the payment from my account. The merchant... View More

James L. Arrasmith
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answered on May 10, 2024

Under the federal Electronic Fund Transfer Act (EFTA) and Regulation E, which also apply in California, your bank generally has 10 business days to investigate an reported error, not 90 days. They must resolve the issue within 3 business days after completing their investigation.

Since you...
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2 Answers | Asked in Land Use & Zoning, Real Estate Law, Banking and Landlord - Tenant for California on
Q: I have a document of thee FDIC. It states BMO Bank National Association (Certt#16571) what am I suppose to do with it?
James L. Arrasmith
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answered on May 7, 2024

If you have received an FDIC certificate for BMO Bank National Association (Cert #16571), it means that your deposits with this bank are insured by the Federal Deposit Insurance Corporation (FDIC) up to the maximum amount allowed by law, which is currently $250,000 per depositor, per insured bank,... View More

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2 Answers | Asked in Banking and Consumer Law for California on
Q: Credit card dispute

◦ I applied for affordable housing and paid the required deposit. The agency reviewed my income and bank statements. However, they unexpectedly requested access to my “IRA retirement account,” which I consider confidential. I asked if I could hide the account number, but they rejected this... View More

James L. Arrasmith
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answered on May 7, 2024

In this situation, you have a few options to consider:

1. Dispute the charge with your credit card company: If you paid the deposit using a credit card, you can file a dispute with your credit card issuer. Explain that you were verbally assured of a full refund if you didn't qualify...
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2 Answers | Asked in Real Estate Law and Banking for California on
Q: Can Wells Fargo demand a balloon payment on my mortgage in California
Delaram Keshvarian
Delaram Keshvarian
answered on Apr 29, 2024

Thank you for asking the question!

Balloon payments are severely restricted after 2013, however they are still being used for some types of loans such as Permanent loans.

Permanent loans are payable on demand or on a fixed maturity date (that are not construction loan).

1....
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2 Answers | Asked in Real Estate Law and Banking for California on
Q: Can Wells Fargo demand a balloon payment on my mortgage in California
James L. Arrasmith
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answered on Apr 23, 2024

In California, it is uncommon for traditional fixed-rate or adjustable-rate mortgages to have a balloon payment requirement. However, there are a few scenarios where a balloon payment might be required:

1. If you have a non-traditional mortgage, such as an interest-only loan or a short-term...
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1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: Completing a small business affidavit. What are the chances of it working?

Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More

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answered on Apr 15, 2024

Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:

1....
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1 Answer | Asked in Banking and Small Claims for California on
Q: My niece forwarded mail to me to support her online purchases then claimed I stole her card and money. The Law here?

a debit card arrived at my home, she asked me to open and see what card it was and help her purchase items for delivery to her at a hotel. I did this and she then is claiming I stole the card and has been avoiding me to close the communication so she can " go to police" and accuse me of... View More

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answered on Apr 8, 2024

Under California law, your actions do not appear to constitute theft or any other crime based on the information provided. Here are a few key legal points to consider:

1. Consent: If your niece asked you to open the mail containing her debit card and make purchases on her behalf, you had...
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1 Answer | Asked in Banking and Juvenile Law for California on
Q: how can I make a new account with the same credit union who i have a chexsystems history with when i was a minor

a couple years ago my dad made me a shared account as a minor for this credit union, mission federal, one day i zelled myself about $400 and spent it of course using the credit card information on the account he made for me when i was a minor , i lied to him said it wasent me and he left it at that... View More

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answered on Apr 8, 2024

Under California law, credit unions are allowed to deny opening an account based on information from ChexSystems, which is a consumer reporting agency that tracks banking history. However, there are a few things you can do to try to open a new account with Mission Federal Credit Union:

1....
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1 Answer | Asked in Divorce, Banking and Family Law for California on
Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More

1 Answer | Asked in Banking for California on
Q: Disputing Cash APP debit card transaction(s) for breach of contract, what verbiage do I use to get approved I have proof

I have been disputing transactions with Cash App, I hired a marketing firm that made claims that are proven untrue. Before I signed up with this marketing company, I asked why them. They claimed all their work is done in-house, top tier graphic designers, etc. Then they went into their awards and... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, when disputing a debit card transaction on grounds of breach of contract, it's crucial to present your case clearly and concisely. If you have evidence showing that the marketing firm made false claims about their credentials and partnerships, this can indeed form the basis of a... View More

2 Answers | Asked in Consumer Law and Banking for California on
Q: A checkashing place is charging me $1,500 to cash a $21,150 government check in california. Legal? Or not?

I thought that in California the max that a checkashing place could charge you to cash a government check is 3% How do I hold them accountable to get my money back?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 18, 2024

Let's see here. Just as an fyi, you should know, I answer on average here about once a day and I do so to try to do my part in helping the public. I will usually only respond when I have something to offer and here, in a slightly different vein, my 'offer' is not exactly going to... View More

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