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Colorado Banking Questions & Answers

1 Answer | Asked in Banking for Colorado on

Q: Hello, My mother passed last year and am having issues with Wells Fargo locating accounts and reviewing them.

my sister and my mom had 4 joint accounts together and my mother had 2 accounts only in her name. the monthly statement has both my mothers name and my sister's name showing the total balance of all 6 accounts. should there not been 2 statements? one in both names showing the total of the 4 joint... Read more »

Bruce Alexander Minnick answered on May 13, 2019

It is impossible to advise you without reviewing all the documents--which IMPO you haven't tried hard enough to get from Wells Fargo Bank. Suggest you go to the branch where your mother banked and ask to talk to the branch manager; and then tell him or her this confusing story. If you remain... Read more »

1 Answer | Asked in Banking, Contracts and Real Estate Law for Colorado on

Q: Closed on re-finance last night. Was called today and told underwriting is voiding the loan. I have a signed agreement.

I have 3 days to rescind the deal. Does the mortgage company have the same opportunity in Colorado? I have not received any funds. The funds were scheduled for transfer 3 days after closing. Do I have any re-course?

Donald C Eby answered on Jan 25, 2019

It depends on exactly what the loan docs say. You may want to have an attorney review the loan docs and potentially help you with a demand letter or law suit.

1 Answer | Asked in Banking, Business Formation, Contracts and Real Estate Law for Colorado on

Q: Want to buy land/develop with friends. Can one of us get mortgage and others be considered owners with contract?

Looking to buy land/develop homes for a business. Have multiple friends involved. Can one of us get the mortgage and then right up a contractual agreement between us to hand out ownership %'s? So for example, the person with the strongest credit gets the mortgage/loan to build and they own 40%, the... Read more »

Timothy Canty answered on Dec 17, 2017

It's theoretically possible, but there are some complications. Most deeds of trust have a "due on sale" clause. This means that if you transfer an interest in the land to your partners, the lender can call the loan. You should disclose all material facts to the lender and get written assurances... Read more »

1 Answer | Asked in Banking, Contracts, Divorce and Real Estate Law for Colorado on

Q: Sep. from spouse (not legally). Approved on own to buy R.E. but mortgage co req him to be there at signing and on title?

Parents are separated (not legally) he just moved to another state. Mom is trying to buy a condo and was approved solely on her own. Mortgage is currently in underwriting and they are requiring my Dad to be physically at the closing and on the title. Since he is not on the loan, I don't see why it... Read more »

John Hyland Barrett III answered on Oct 9, 2017

If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.

1 Answer | Asked in Banking, Contracts and Estate Planning for Colorado on

Q: My aunt died back in January and left me a substantial amount of money in her estate. How do I get the money?

My aunt left me the money specifically for college but I don't want to go. My mother is her head of estate and I am 18 but she doesn't agree with my choice of not pursuing college so it causes conflict. My mom won't tell me much and she threatens that if I don't go to college then she will split my... Read more »

Samuel Ventola answered on Sep 14, 2017

It all depends on the language of your aunt's will. You should probably have an attorney review it and if you have rights to write a letter for you or submit a claim if necessary.

1 Answer | Asked in Banking for Colorado on

Q: Is it illegal to wire money to someone if you think, but don't know that it is coming from an illegal source?

I applied for internships online, and was emailing back and forth with a man who I thought was an actual business owner. However, his business is not real and he mailed me a check for a sum of money and told me to keep part of it and wire the rest to someone else. Obviously this is an extremely... Read more »

Tristan Kenyon Schultz answered on Aug 31, 2017

This type of transaction is a classic deposit scam technique. See below.

Payment processing: A variation on the deposit scam is the payment processing scam. You’ll think you got a work-from-home job depositing payments or mystery shopping, and your job is to accept money and forward the...
Read more »

1 Answer | Asked in Banking and Consumer Law for Colorado on

Q: Is it legal in Colorado for a bank to require a divorce decree to approve a loan when divorce isn't even intended?

We are separated, have no intent to file for divorce any time soon. Loan is submitted by hsbnd to build house for wife. The loan underwriter is close friend of wife and used personal info to deny loan. All other criteria were met to qualify for the loan. The bank wants a letter from both of us... Read more »

Tristan Kenyon Schultz answered on Jun 30, 2017

Divorces can significantly impact the income, expenses, and ownership of marital property. Since you are still married, both parties' property is potentially still part of the marital estate and subject to division. Overlap the differences in state law (e.g. CA is a community property state) and I... Read more »

1 Answer | Asked in Banking and Business Law for Colorado on

Q: I am the predisent of a nonprofit. Do I have an obigation to provide personal banking information at the treasure?

We are in the process of becoming a non profit

Tristan Kenyon Schultz answered on Mar 4, 2017

If you are seeking non-profit status from the IRS, a significant factor in the consideration is compensation. If you received a salary or percentage of the profits (e.g. a partnership) your total compensation and banking information are highly relevant. This is less for the non-profit itself, but... Read more »

1 Answer | Asked in Employment Law, Banking and Domestic Violence for Colorado on

Q: I was fired due to what I feel is retaliation.what are my rights?

I have a domestic violence case against my ex. I notified my employer due to safety concerns. They were working with me for a few weeks to safety plan. They fired me today, brought up the d.v. issues and then tried to tell me that a customer had complained that they were uncomfortable with me... Read more »

Tristan Kenyon Schultz answered on Jan 12, 2017

You should contact an employment or discrimination lawyer (most offer a free consultation). Colorado generally protects the victims of crime from being discriminated against by employers, lenders, etc. However, this type of case is largely based on the strength of the evidence available (since most... Read more »

1 Answer | Asked in Banking for Colorado on

Q: How do I gain access to my husband's checking accounts if he died without a will?

Tristan Kenyon Schultz answered on Nov 1, 2016

There are two possible answers:

1. Assuming your husband is deceased:

Contact the bank to see what they require. Under some situations, the bank may allow access to a surviving spouse. If this does not work, most banks require a death certificate and/or a document listing the...
Read more »

1 Answer | Asked in Banking and Business Formation for Colorado on

Q: Hi, We want to nominate a person who will deal with all the banking needs on behalf of our corporation, how?

Hi,

We are a Colorado based corporation, and we want to nominate a person who will deal with all the banking needs on behalf of our corporation in another state.

The bank in another state (Virginia) is asking us to provide some evidence that this person has authorization to open a... Read more »

Tristan Kenyon Schultz answered on Aug 20, 2016

Your idea can work. There are other more formal ways to achieve this too, but this will take time and money. Check with the bank, to see what they would like to see for "authorization".

1 Answer | Asked in Banking and Real Estate Law for Colorado on

Q: I had appraisal done on my house Went to a bank for a loan. They will not accept the appraisal, 1 dedicated company.

They use one company do to the appraisals and they charge $500 for a ranch style house on .8th of an ache. My understanding is they can not use one company to do this that it has to be bid out essentially so they could not have collusion with one company. Am I correct?

Tristan Kenyon Schultz answered on Jul 14, 2016

The lender can choose to restrict who does the assessment. Of course, you can also choose to go to another bank...

1 Answer | Asked in Estate Planning and Banking for Colorado on

Q: Can I sue the bank for letting my mom access my trust to spend it all?

I inherited $50,000 when my grandfather died. My mom, who is mentally ill, found loop holes to access this money. It was not supposed to be used until I was 18, it's intended purpose was to pay for my college. My mom spent all of it. Can I sue the bank for letting my mom access my money and spend... Read more »

Tristan Kenyon Schultz answered on Jan 23, 2016

It depends, if your mother was named on the account (which is very likely) then no the bank cannot be sued. However, if your mother is not on the account or your trustee then the bank should not has distributed the money as suit is possible. If your mother committed fraud, then it depends on... Read more »

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