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New York Banking Questions & Answers
1 Answer | Asked in Foreclosure and Banking for New York on
Q: In tax foreclosures is the winning bidder responsible for liens/mortgage loans on property?

How would someone find out that information? Is going through a lawyer the only way to get reliable infor.?

Michael David Siegel
Michael David Siegel answered on Oct 16, 2020

No. Mortgages are junior to the taxes. Thus, they should be foreclosed out, unless the plaintiff failed to name it.

1 Answer | Asked in Contracts and Banking for New York on
Q: My friend's dad passed away and he had $25,000,000 worth in in shares that he left to his daughter but the shareholders

Won't release the money untill she pays 10,000 for holding fee how does she get around that because we can't come up with the release money

Michael David Siegel
Michael David Siegel answered on Sep 27, 2020

I do not know the details, but this seems like a scam.

1 Answer | Asked in Banking for New York on
Q: Does my bank have to disclose what documents were produced through a Court ordered subpoena to me?

I have been asking what documents were produced in response to a court ordered subpoena. I have left messages and written letters to the legal dept. but they have not answered. Are they obligated to tell me?

Victor M. Feraru
Victor M. Feraru answered on Sep 15, 2020

If the records have been released due to a court ordered subpoena--have your counsel request what was released from the Court. Do you have a copy of the subpoena?

1 Answer | Asked in Banking for New York on
Q: My bank rec’d a court ordered subpoena for records regarding a case where I am not named. Does the bank have to comply?

A family member who was a temporary signatory on the account is named in a court case. A court ordered subpoena for all banking records was issued. He is not an account holder, owner, or employee of the corporation. What bank records does the bank have tp produce

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 14, 2020

Depending on what the subpoena requests, the bank would gather the responsive documents and produce them unless excused by the court. It seems you are dealing with the records of a corporation. If that is the case, you can contest the subpoena in order to either avoid any production of records, or... Read more »

3 Answers | Asked in Banking for New York on
Q: I'm not sure what the paper is called but he was in charge of his mother's accounts while she was alive

After our bank switched over to a different bank the existing account in his mother's name along with her boyfriends name was put under my fiancé online bank accounts. So he shows his account and then the other account.

Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

It sounds like you are talking about a power of attorney form. Good luck

Tim Akpinar

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1 Answer | Asked in Banking for New York on
Q: Bank account questions, My fiancé has an account linked to him from his mother who has passed 2 years.

We have no further information then the bank on this matter however do not want to do anything with this money until we are guaranteed the money is ours. If you could advise us as to what to do with this it would be greatly appreciated. Thank you, Julia G.

Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

It depends on the size of the account and whether your fiance is next of kin. It also depends on what you mean by "linked".

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 22, 2020

Maybe? Are you working in a hostile workplace? What evidence is there that black and/or Hispanic or other minority employees are being targeted? Have similar threats been made against other employees who may not be protected? Have you suffered an adverse employment action?

One threat may...
Read more »

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1 Answer | Asked in Banking for New York on
Q: I would like to sue First Citizens Bank because they are not allowing me access to my funds.

First Citizens Bank is not allowing me access to my funds and they have done a transaction without my authorization proof of which I can supply on request. Further to this I am a kidney transplant patient in need of chronic medication that I have not had my meds for a month now because of gross... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

You could consider reaching out to attorneys while you await a response. It could be difficult for attorneys to reach you through a post because the format here is really only that of a question and answer board, rather than a referral service. I'm very sorry for the loss of your daughter and... Read more »

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 Arbitration / Mediation Law, Banking and Contracts for New York on
Q: Should I opt in or out of my banks Arbitration agreement?

My bank recently sent out a letter asking everyone with an account to opt in/out of their new arbitration agreement. I called their office to get more information on what this exactly meant as their letter also did not specify what changes were going to happen and how they affect me or my money.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

It would be difficult for an attorney here to tell you to opt out or not opt out without seeing the arbitration agreement. In terms of arbitration agreements as a GENERAL matter, whether they apply to contract, employment, real estate, car sales, etc., what it often means is that a person accepts... Read more »

1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Stockbroker Fraud for New York on
Q: What should I do? My account is frozen cause I was given fraud checks and bank took my money when they decline the check

So I was given two checks for a side job I deposit it to my account and they decline next day I was called that the check’s were fraud but they bank never gave me the money. I gave them the emails and address of where I gotten them and they froze my account. When I login into my account I had... Read more »

Michael David Siegel
Michael David Siegel answered on May 14, 2020

If you never got the money and the checks were declined, the bank must suspect you for fraud. There is something not right but if the whole matter is over $110 there is little a lawyer can do. When the courts reopen, make a small claims suit.

1 Answer | Asked in Banking and Consumer Law for New York on
Q: Illegal repossession of a vehicle laws associated with.
Jonathan David Warner
Jonathan David Warner answered on May 5, 2020

I'm not sure what the question is. Please elaborate.

1 Answer | Asked in Banking for New York on
Q: So Statutes consist of Title /Section /Chapter/ Page/ (Stat.) abbreviation means Statutes.

Does investment company such as (Ameritrade) falls under Banking

Tim Akpinar
Tim Akpinar answered on Apr 29, 2020

Investment companies do fall under banking, and other areas governed by statutes. Statutes, as a general rule, tend more to address types of industries, types of work, conduct, or specific actions more so than identifying companies. Good luck

Tim Akpinar

1 Answer | Asked in Banking for New York on
Q: My dad gave me Financial power of attorney. The form we used is not accepted by his bank bec the form is from 2009.

What form do I use for nys

Tim Akpinar
Tim Akpinar answered on Apr 28, 2020

There's a ton of standard forms out there, between the commercial form companies and public agencies. Since the form you use must be acceptable to your bank, ask them to identify a form for you from one of the commercial vendors, or provide you with a standard boilerplate form they accept.... Read more »

4 Answers | Asked in Family Law and Banking for New York on
Q: My parents took all the money from my bar mitzvah and put it into an account that can only be used for education/college

and admit to it being a preemptive decision. I do not want to go to college and they are refusing to let me have the money so i can buy a car and pay for insurance to better my life and further my growth and independence. They threaten to spend the money themselves even though the money was given... Read more »

Laura Ann Daniels
Laura Ann Daniels answered on Apr 25, 2020

Go to college.

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2 Answers | Asked in Banking, Business Law and Contracts for New York on
Q: Can a company breach their own "terms of use"?

Can a company breach their own "terms of use"? I was the victim of identity theft. A hacker took over my account with a crypto bank and then stole all my bitcoin. The crypto bank has in their "terms of use" that users cannot withdraw more than usd 20,000 within 24 hours unless... Read more »

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

It depends on the whole agreement, but it seems like you might have a case. Make sure you file a criminal complaint as well.

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3 Answers | Asked in Banking, Contracts, Mergers & Acquisitions and Tax Law for New York on
Q: Can I file my dads tax returns if he passed away last year oct? How does this process work?

He is currently married to his wife in which her and I are in very bad term due to her infidelity. How can i go about this potentially without her?

Michael David Siegel
Michael David Siegel answered on Apr 16, 2020

Whoever is the estate fiduciary can file the return. The refund, if any, goes to the estate. The first $50,000 of any estate (unless there is a will) goes to the spouse. Thus, you need to determine if there is anything in it for you, if an estate is worth commencing, and if a return should be... Read more »

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2 Answers | Asked in Banking for New York on
Q: Scammed with fake checks and getting my bank accounts closed and cant reopen them how can I fix that?

So I was looking for a job and submitted my resume for a job it was remote. Well I did the interview online and stuff they said I need some work equipment which company will pay for it. So they send me a check for 1435 and they told me to deposit it thro your mobile deposit and I looked over the... Read more »

Michael David Siegel
Michael David Siegel answered on Apr 15, 2020

Your story is not fully stated. You sent them the money for the "equipment" , right? Otherwise there is nothing in it for the scammer. The short answer is there is something called Checksystems which is like a credit report for bank accounts, and you are down as a bad person. To open... Read more »

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1 Answer | Asked in Consumer Law and Banking for New York on
Q: Bank changed my routing number. Now I'm over a month with no unemployment.

Now I gonna get hit with all these fees. My checks have the old routing number and were told that information was good and didn't need new checks. Fast forward now, after I was barely able to sign up for unemployment, I still have no money.

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

I'm sorry for your ordeal. Unfortunately, it has become difficult to conduct many ordinary banking operations because of the health crisis out there, with some banks maintaining lobby service, some drive-through only, and some only online or through appointment. Try to see if the bank could... Read more »

1 Answer | Asked in Banking, Car Accidents, Contracts and Small Claims for New York on
Q: I traded my car in, they still haven't paid it off, and it will default on a few weeks. What can I do from here?

Long story short, I traded my car in back in December and it still hasn't been paid off over three months later. In response to one of the answers received: the plates were taken off and registration WAS cancelled. In January, I received a letter stating that the car was involved in an... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 14, 2020

When you traded in, you should have taken the plates and canceled your registration. Sounds like you left the plates on, which is your fault, and the part of the scam here.

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