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Texas Banking Questions & Answers
1 Answer | Asked in Banking and Real Estate Law for Texas on
Q: What to do if co-owner doesnt want to sell the house?

Long story short story. Me and my ex partner got a house under our names. Now since we not longer together she wants to sell the house. Wich in the other hand i dont want to sell the house cause we only have had the house for lil less than 2 years. I have given a lil over 28k towards the house.... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 14, 2020

You may have to buy her out and get a Quit Claim Deed. She can file a Partition Action at any time. It will be almost impossible to remove her from the mortgage note without a refinancing solely in your name.

1 Answer | Asked in Real Estate Law, Adoption, Banking and Elder Law for Texas on
Q: If a judge comes to a judgment but my attorney did not notify me about court and went in to court and the judge ruled wi

The judge did not even here or see my evidence of fraud or abduction or holding a love one hostage or the stolen car insurance money .and I lost property , my love one , my money stolen from account .what should I do or how can I get justice !! Who do I contact? Or tell ? Do I fire my lawyer and... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on May 11, 2020

The State Bar of Texas has a client dispute resolution process. You may want to avail yourself of it.

1 Answer | Asked in Banking, Business Law and Tax Law for Texas on
Q: Is it legal for a CPA to charge my small business a 10% fee for filing ppp loan application?

We did not sign an agreement. The CPA did not mention any fees until after we got the loan & he sent an invoice for $9,000!

D. Mathew Blackburn
D. Mathew Blackburn answered on May 2, 2020

Did you sign an agreement for that fee?

1 Answer | Asked in Banking and Business Law for Texas on
Q: Can a bank put a minumum limit on a govt loan? I called other banks and no one else has a minimum limit on the PPP loan

I tried to escalate the question with my bank and recieved no response. I believe they are unlawfully applying rules to prevent small buisnesses from applying for the loan. A manager friend at Bank of America informed me there should be no minimum limit. I also called another bank down the street... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 7, 2020

All banks are different; and many of the larger banks will not fool around with tiny business loans. Why? Because it costs them the same amount of money to do all the paperwork for tiny loans as it does for larger loans. Keep calling, primarily to the smaller banks in your area.

2 Answers | Asked in Bankruptcy, Banking and Civil Litigation for Texas on
Q: My husband and I have our finances separate. We file jointly for taxes. Can I file individual bankruptcy.

We file jointly because of a nuance in student fedloans that prevents us from filing separately. I am completely broke and have accounts closing out.

I need to file, we have no joint assets- the only joint thing we have is our taxes. I fear that because our taxes are joint that it may... Read more »

Mr. J. Thomas Black
Mr. J. Thomas Black answered on Apr 1, 2020

You can file bankruptcy without your husband, whether you file taxes jointly or separately. However, if your debts are primarily consumer debts, and you are married and living together, his income is counted in the "means test" that determines if you qualify for chapter 7 or the minimum... Read more »

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1 Answer | Asked in Banking, Civil Litigation, Bankruptcy and Civil Rights for Texas on
Q: If you paid off your account and the lawyer put a lien on my bank account. I have summited the paperwork already to him.

My wife payed of the account with another lawyer firm but this lawyer never did the research and froze my bank account how long will it take for him to release my bank account and give us our money back. Also can I file a suite against him

Timothy Denison
Timothy Denison answered on Mar 21, 2020

If you owed no money on the debt at the time the bank account was seized, you may have a claim for wrongful execution against the lawyer.

1 Answer | Asked in Banking and Bankruptcy for Texas on
Q: lawyer has a lien how long with it take from them to release your bank account after they settle on payment a month
Timothy Denison
Timothy Denison answered on Mar 21, 2020

Give or take, about 30 days, yes.

2 Answers | Asked in Admiralty / Maritime, Banking and Tax Law for Texas on
Q: If a person is employed by a corporation and that person is then released from said corporation unethical

I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... Read more »

David Ostrove
David Ostrove answered on Mar 15, 2020

You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete... Read more »

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1 Answer | Asked in Banking for Texas on
Q: my wife died. I have checks with both names.. how to proceed
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 25, 2020

If both of you owned a joint account then either of you can write checks on it, Close it and open a new one in just your name.

1 Answer | Asked in Banking for Texas on
Q: Can bank use funds from 2 party check that was deposited into my account to setoff my other account that has neg. balan

check was made out to me AND my mechanic. Wells Fargo used nearly $500 of the funds to cover an account I previously had that had a negative balance.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 23, 2019

The short order is yes. The Good News here is that you no longer owe Wells Fargo the $500 you used to owe them. The bad news is that you now owe your mechanic the same $500 you once owed Wells Fargo. In other words, you are now even.

(NOTE: FYI, all American banks who have customers or...
Read more »

2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

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1 Answer | Asked in Banking and Contracts for Texas on
Q: In Texas, if I default on loan, a lender can recoup from my bank account? what if account is only in my wife’s name?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 4, 2019

It would depend on whether your wife has signed as a security interest on the loan as well and what exactly the loan is for. The lender may also have to first obtain a judgment. Another thing to consider is whether a credit union is involved. It's best to consult privately with a... Read more »

1 Answer | Asked in Banking for Texas on
Q: My brother and me visited my bank. I asked my banker to make him my power of attorney

They brought me their own form from the bank and had me and him sign it then she told me if he is approved by her supervisor they will email me allowing him access to my account . I asked her if approved by your supervisor ? It’s my bank and it’s been 3 days and with no response from them . Is... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 26, 2019

You may do your own power of attorney and take it to the bank. I would suggest having a lawyer do it so that you know it is drafted correctly.

1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Can my bank refuse to speak to an attorney that I retained to help handle my finances?

The customer service person said he needs to be granted a power of attorney first. I find that ridiculous. He is my attorney on retainer. They HAVE to work with him in that capacity- right?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

No they don't. This rule is very common in the financial industry. Why?

Because--other than your assurances--the bank has no other way of knowing the lawyer is who he says he is.

Stop and think this all the way through: The bank is protecting you--and all your money on...
Read more »

1 Answer | Asked in Consumer Law, Banking and Collections for Texas on
Q: Can Sprint take money out of my bank account if I closed it and opened a new bank account with the same bank?

Sprint has this clause in their fine print: "You agree that when you provide credit or debit card information at any time during the lease term (including any month-to-month period), you authorize us to charge the card for any and all amounts owed as provided above under “Remedies”... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 1, 2019

Assuming Sprint is collecting a valid debt, the answer is yes. Why? because The debt is your debt, not a debt owed by your old closed bank account. Caveat: If any creditor including Sprint finds any money of yours in any account at the same bank--possibly even including joint accounts--they can... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Banking and White Collar Crime for Texas on
Q: The SDPOA is a sad joke. By not specifically requiring signature on each page, it's being manipulated by fraudsters.

A criminal title company and mortgage lender allowed an unfaithful agent to have pages changed in the SDPOA *after* it was signed by the principal, turning a permission for limited and time constrained refinance into an open ended home equity loan permission (which is also in violation with federal... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 23, 2019

Like many elder and estate planning lawyers, I not only customize the document and paginate in as page x of y but require initials, birthdate and date signed on every page. We cannot protect people who simply download and sign the statutory form. Consult an elder lawyer about a suit for fraud and... Read more »

1 Answer | Asked in Banking for Texas on
Q: 2 children-child support $700/mo. 1st turned 18-3 yrs ago. 2nd turns 18 in a week. Mother still wants $700. Options?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Sep 18, 2019

Look at your support order and adjust accordingly. If they're already outside of age then you need to file correct paperwork to stop support.

1 Answer | Asked in Banking for Texas on
Q: I purchased a vehicle on 7-24-19. The bank had me come in and sign my portion of the paperwork and issued a certified .

Check to the seller. My co-signer was supposed to go in later and sign. My co-signer backed out and didn’t sign but a certified check was already given to the seller. The bank now is threatening legal charges. What are my rights.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

Neither you--nor your cold-footed co-signer--have very few legal "rights" here. Unless you return the vehicle to the dealer--and also inform the bank where the vehicle has been taken--the chances are good that you will be seeing some legal papers that you may need some lawyer to explain... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law, Arbitration / Mediation Law and Banking for Texas on
Q: If someone passes away with a mortgage can their children just give the house back to the bank and walk away?

The bank is saying the family has to keep paying the mortgage until the house is sold. She had cancer and there is no life insurance or money left in her account. They are also saying we are responsible for selling the house

Samuel B. Edwards
Samuel B. Edwards answered on Jul 20, 2019

Generally, yes, you can turn the house back over to the bank. The bank would typically have you sign a deed in lieu of foreclosure form. However, that is often not the best option. There are investors who specialize in buying properties "subject to" an existing mortgage and they will... Read more »

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1 Answer | Asked in Banking for Texas on
Q: can you sue a company who is with holding funds owed to you?

I am owed my retirement check from a former employer and keep getting the run around

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Unless the amount exceeds $5,000 you can sue the company yourself--without a lawyer--in small claims court.

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