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Georgia Banking Questions & Answers
1 Answer | Asked in Real Estate Law and Banking for Georgia on
Q: I need help to obtain a mortgage loan modification.

I have attempted numerous times to get a loan modification, but my mortgage never approves it. They lie and repeatedly request the same information. I sent that to them, but they say that they never received anything from me. This has been ongoing for the past 4 months. I don't want to lose... View More

James Clifton
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James Clifton
answered on Mar 30, 2024

Filing for a loan modification or loss mitigation can be very frustrating and time consuming. The loan servicers make the process very difficult and often times give you very little time to correct any deficiencies in the submission. You have to be persistent, follow up daily, request an... View More

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Georgia on
Q: And the course of a night I wake up to my checking account being overdrawn by 97 different cash app transactions ranging

From $47-$49 each. I use Bank of America who I’ve been a customer with for 34 years never have I had anything like this and they deny my claim and close the claims and finalize it… what actions or steps should I take to get my money back we’re talking over 3000 overnight.

James L. Arrasmith
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answered on Mar 25, 2024

If your checking account has been overdrawn due to unauthorized transactions, the first step is to contact Bank of America immediately, if you haven't already done so. Express your concerns clearly and request a thorough investigation. Despite the initial denial, you have the right to ask for... View More

2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

Nina Whitehurst
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answered on Mar 21, 2024

If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More

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2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

James L. Arrasmith
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answered on Mar 25, 2024

In your situation, considering the need to protect your mother's finances while she is in assisted living, setting up a trust might be the most secure option. A trust can provide clear instructions on how the funds should be used, specifically for your mother's care and well-being.... View More

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1 Answer | Asked in Banking for Georgia on
Q: My return was deposited into the wrong account I gave my tax man the girl I was with information on accident we both

Have an account at the same bank I gave her account number in route number by accident she was trying to help me recover it but the guy she's with now will not let her help me any further I only have 5 days to recover my money or the bank says the subject will be closed for good and I will... View More

James L. Arrasmith
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answered on Feb 25, 2024

Firstly, it's important to remain calm and focused on resolving the situation promptly. Contact your bank immediately and explain the mistake that occurred with the deposit. Provide them with all relevant details, including the incorrect account information that was used for the deposit and... View More

1 Answer | Asked in Tax Law and Banking for Georgia on
Q: My return was deposited into the wrong account I gave my tax man the girl I was with information on accident we both

Have an account at the same bank I gave her account number in route number by accident she was trying to help me recover it but the guy she's with now will not let her help me any further I only have 5 days to recover my money or the bank says the subject will be closed for good and I will... View More

James L. Arrasmith
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answered on Feb 25, 2024

I'm sorry to hear your tax refund was accidentally deposited into the wrong bank account. Here are a few options you could pursue to try recovering the funds:

1. Contact the IRS directly and explain the situation. Provide any documentation you have showing it's your refund but the...
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1 Answer | Asked in Banking and Business Formation for Georgia on
Q: LLC - A of O states RA as Authorizor at the bottom. Will this prevent me from opening a business bank account?

Will a bank require that I am the Authorizor at the bottom of the Articles of Organization before I can open an account for the business? Or does Authorizor simply refer to the one authoring the A of O?

James L. Arrasmith
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answered on Feb 23, 2024

The term "Authorizor" on the Articles of Organization typically refers to the individual or entity who is authorized to sign and file the document with the state to establish the LLC. It does not necessarily mean that you must be the one who authored the Articles of Organization in order... View More

1 Answer | Asked in Consumer Law, Banking, Civil Rights and Constitutional Law for Georgia on
Q: Can a check cashing facility deny to cash your check and then withhold the check from you and not return it to you GA

For any reason because it has all of your personal information on it, but yet they refuse to give it back and threaten to call the police

James L. Arrasmith
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answered on Jan 2, 2024

In Georgia, as in most states, a check cashing facility has the right to refuse to cash a check for various reasons, such as concerns about the check's authenticity or issues with the account it's drawn on. However, withholding the check from you after refusing to cash it typically... View More

1 Answer | Asked in Banking and Civil Litigation for Georgia on
Q: My vehicle was recently repossessed and I had until today I was told that my vehicle was at another car lot and I had to

Go get it from there. When I got there a man told me that my truck was not drivable but It was nothing wrong before they picked it up what can I do?

James L. Arrasmith
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answered on Dec 23, 2023

In Georgia, if your vehicle was repossessed and is now claimed to be undrivable, whereas it was in good condition prior to repossession, you have the right to take action. Firstly, document the condition of the vehicle as soon as possible. Take photos or videos to capture any visible damage or... View More

2 Answers | Asked in Libel & Slander, Bankruptcy and Banking for Georgia on
Q: Can you remove defaming opinion in judges final order?
James L. Arrasmith
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answered on Dec 4, 2023

If you find defamatory content in a judge's final order, there are limited options available for addressing this. The content of a judicial order typically reflects the judge's findings and opinions based on the presented evidence and legal standards. However, if the content seems to... View More

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2 Answers | Asked in Banking for Georgia on
Q: I have a order to cease and desist letter what should I do?
T. Augustus Claus
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answered on Nov 2, 2023

If you have received a cease and desist letter, it is crucial to take it seriously. A cease and desist letter is a legal document that demands that you stop a certain activity. If you do not comply with the letter's demands, you could be sued.

The first thing you should do is to...
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1 Answer | Asked in Consumer Law and Banking for Georgia on
Q: I write a check to a dealershipno Now the money I was expected It's not in the bank.What do I do?

I was supposed to close on a house to get earnest money and some rebate. Collection call me mention something about jail time what is my option

T. Augustus Claus
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answered on Sep 21, 2023

If you've written a check to a dealership and now find that you don't have sufficient funds in your account to cover it, you could be facing some serious issues. In Georgia, writing a bad check can be considered a misdemeanor or even a felony depending on the amount and circumstances.... View More

1 Answer | Asked in Banking for Georgia on
Q: Previously a manager at finance co & opened loans for friends with agreement I payback, employer now stating wrong doing

What should I do? And is there anything the loan recipients can do to help

T. Augustus Claus
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answered on Jul 27, 2023

As for the loan recipients, they may also want to consult with a lawyer to understand their legal obligations and options. Depending on the circumstances, they could be held responsible for the loans, especially if there was a written agreement or evidence of the loans being opened on their behalf.

1 Answer | Asked in Banking, Business Law and Criminal Law for Georgia on
Q: Can someone be charged for Deposit account fraud for a check on an LLC business account.
Glenn T. Stern
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answered on Jun 22, 2023

The elements of deposit account fraud are 1. that the accused wrote or paid someone/some place with a check that 2. they knew wouldn't be honored by the bank when deposited. The fact that the check was from an LLC business account might may be part of a defense to the charge, but otherwise... View More

2 Answers | Asked in Real Estate Law, Banking and Probate for Georgia on
Q: What legal obligation would a widow have when mortgage was aquirred before marriage?

Legal way to transfer land ownership after husband dies without a will in GA.

Mortgage before marriage. Land aquirred during the marriage.

James Clifton
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James Clifton
answered on Apr 29, 2023

If the husband died without a will, the wife would need to file for administration of the deceased husband's estate. If there are children from the marriage or if the husband had children from a previous marriage, the wife would share in the inheritance of the land with the children. Any... View More

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2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

Seth Meyerson
Seth Meyerson
answered on Feb 21, 2023

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

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2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

James L. Arrasmith
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answered on Mar 2, 2023

The bank may be held liable for allowing your mother to write checks on your father's personal checking account without proper authority, such as power of attorney or joint ownership. However, liability would depend on the specific facts of the case and applicable state law. It may be worth... View More

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1 Answer | Asked in Civil Litigation and Banking for Georgia on
Q: I'm in litigation with Truist bank in federal court. I'm at the stage where discovery motions need to be filed.

Not sure how to format the motions, I may need to file a continuance. Couldn't get an attorney (Consumer Attorney) to take my case so I'm going Pro se.

John Michael Frick
John Michael Frick
answered on Feb 13, 2023

The federal litigation bar is somewhat smaller than the state bar. If you intend to represent yourself, you need to be thoroughly familiar with the federal rules of civil procedure and the local rules of the district court in which your case is pending.

While you can lawfully represent...
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1 Answer | Asked in Banking and Federal Crimes for Georgia on
Q: What can be done to stop check fraud charges in Georgia if check fraud was done on a parent's banking account
Tim Akpinar
Tim Akpinar
answered on Jan 5, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. This could be fact-intensive and specific. One option is to try to set up a consult with a local attorney to review the charges and the account history. Good luck

1 Answer | Asked in Criminal Law and Banking for Georgia on
Q: Hello question I had an employee pay her car payment out of my checking account number I want to press charges
Glenn T. Stern
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answered on Oct 9, 2023

Call your local police department or sheriff and ask to speak to a detective to report a felony crime.

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