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Missouri Banking Questions & Answers

1 Answer | Asked in Consumer Law, Real Estate Law and Banking for Missouri on

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

Ronald J. Eisenberg answered on Nov 29, 2018

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...
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1 Answer | Asked in Consumer Law, Criminal Law and Banking for Missouri on

Q: I received a bad check from an address in New York. Is there anything I can do about it or with it?

I have not cashed the check yet as it is signed "Leia Organa Solo" and I'm too busy laughing at the stupidity.

Ronald J. Eisenberg answered on Jun 7, 2018

You can post it on Facebook.

1 Answer | Asked in Consumer Law, Banking and Stockbroker Fraud for Missouri on

Q: Predatory lending?

I was seeking a personal loan to consolidate debt. I contacted personal lending group and a few hours later a group called MJM Lending (located in Florida) called and stated they were a partner of Personal Lending Group. They told me to call Compass Bank and apply for a loan because they did not... Read more »

Ronald J. Eisenberg answered on Apr 3, 2018

You state that they are trying to charge you for something without investing time. What does your written contract state as to what is due?

1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Missouri on

Q: I have discussed this issue prior to receiving the settlement offer. Am I unable to accept due to this clause?

Confidentiality. Customer hereby represents and warrants that Customer has not and will not disclose the financial terms of this Agreement to anyone other than, legal counsel and/or a financial advisor. However, Customer warrants if Customer discloses the terms of this Agreement to legal counsel,... Read more »

Ronald J. Eisenberg answered on Apr 3, 2018

The agreement refers to keeping its terms confidential. I don't see how your discussing your situation with someone prior to receiving the agreement could be a breach of the agreement. The last sentence you wrote, however, ends with "Custom" so I don't know what is missing. If you have concerns... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts, Real Estate Law and Banking for Missouri on

Q: Can a lien be filed on real property for non-payment of an unsecured promissory note?

I loaned a start up business some money and obtained an unsecured promissory note because there were no assets. There have been no payments made on the note and the company now has assets, namely real property, Can a lien be filed against the real estate or any other assets the company now owns?

Jennifer Sheila Kornblum answered on Apr 3, 2018

Unfortunately, an unsecured promissory note cannot justify a lien on the real property. However, if you file an action and get a judgment for the amount of money owed on the promissory note, the judgment can be filed against the real property if the name on your judgment and the name of the owner... Read more »

1 Answer | Asked in Banking for Missouri on

Q: Can my wife be sued for a credit card debt from 11 years a go?

Howard Berkson answered on Nov 22, 2013

You can be sued for wearing a red shirt, but that doesn't mean the plaintiff will win. It is unlikely that a lawsuit against your wife on a debt from eleven years ago would be successful because the statute of limitations in your state appears to be 5 years. Consult with a Missouri attorney to be... Read more »

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