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Florida Banking Questions & Answers
1 Answer | Asked in Banking, Business Law and Consumer Law for Florida on
Q: Can a company issue a refund for a disputed charge and then after the refund is received, make a new charge for it?

I received a refund for a disputed charge and then without warning or them contacting me in anyway, they posted a new charge for that amount. Keep in mind I waited a few months before I touched the refund, I was worried that it was just a provisional amount so I waited their processing time, and... View More

James L. Arrasmith
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answered on Apr 21, 2024

It is generally not appropriate for a company to issue a refund for a disputed charge and then make a new charge for the same amount without prior notice or agreement from the customer. This practice could be seen as deceptive and may violate consumer protection laws.

However, there are...
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1 Answer | Asked in Family Law and Banking for Florida on
Q: Q: Can a Credit Union drain account to pay for credit card immediately after death?

I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More

James L. Arrasmith
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answered on Apr 21, 2024

I'm so sorry for your loss. This is a difficult and stressful situation to navigate while grieving.

From a legal perspective, the credit union's actions seem questionable. Generally, when someone passes away, their estate goes through the probate process to settle debts and...
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1 Answer | Asked in Banking and Business Law for Florida on
Q: Business partner removing owner from bank account without permission.Whose is responsible ?

Wife of manager shows up at bank with affidavit ( husband terminally ill ) and manage to remove majority owner from account without owner’s consent. Owner cannot access funds. Who is responsible ?

James L. Arrasmith
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answered on Apr 21, 2024

In this situation, there are potentially several parties who may be held responsible:

1. The wife of the manager: If she falsely represented herself as having the authority to remove the majority owner from the account without proper consent or legal grounds, she could be held liable for...
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1 Answer | Asked in Banking and Elder Law for Florida on
Q: My Aunt recently passed away and in her older years my mom’s name was on her bank. My aunt took out a forced loan

My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?

James L. Arrasmith
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answered on Mar 2, 2024

In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More

1 Answer | Asked in Employment Law and Banking for Florida on
Q: My girlfriend has been offered a job but it seems like a scam.

My girlfriend has been offered a job but it seems like a scam. They sent over a check for her to buy some equipment so we’ve deposited it but now the employer seems very sketchy. She has not filled out any formal agreements or given any important personal info. They are asking her to buy 2 Apple... View More

James L. Arrasmith
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answered on Feb 23, 2024

It's concerning that your girlfriend received a job offer that seems suspicious. Depositing a check and being asked to purchase equipment or vouchers for work is a common tactic used in scams. It's wise that she hasn't provided any personal information or signed formal agreements... View More

1 Answer | Asked in Banking, Foreclosure and Real Estate Law for Florida on
Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days...
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1 Answer | Asked in Banking and Business Law for Florida on
Q: Are there any specific laws in Florida regarding a bank needing access to the full trust when applying for a loan?

I have applied for a business line of credit with Truist Bank. I applied for a line of credit and put a property up as collateral. They are asking for a full copy of the trust. What can I do?

James L. Arrasmith
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answered on Feb 5, 2024

Here are a few key things to know about banks asking for trust documents when applying for a loan in Florida:

- Banks typically have a right to request details of a trust when that trust owns the asset being used as collateral on a loan. However, they generally cannot require the full trust...
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2 Answers | Asked in Banking for Florida on
Q: Subpoenas served to 2 banks. Timeframe to get the paperwork back. Asked for 2 years of bank statements?

Does the subpoena paperwork belong to me since I paid for them? So if this attorney leaves this case, do I get the paperwork sent to the new attorney or do I have to start over?

James L. Arrasmith
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answered on Feb 23, 2024

Typically, the timeframe to receive the requested bank statements depends on various factors, including the banks' processing times and any legal requirements. It's common for banks to take a few weeks to fulfill a subpoena request for bank statements. However, the specific timeframe can... View More

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1 Answer | Asked in Social Security and Banking for Florida on
Q: can a bank keep my social security EFT deposit to offset a cashiers check that bounced ?

cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account

James L. Arrasmith
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answered on Jan 30, 2024

In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More

1 Answer | Asked in Consumer Law, Banking, Divorce and Family Law for Florida on
Q: I had a settlement claim the bank let me deposit it and said it was ok then refused to give it back to me

It was supposed to be made out too separate checks me and the child support division but instead made one check co payable to both i deposited it after asking about it the teller said no problem and they released 200 to me and said it would be released the next day instead they froze my account and... View More

Angelo "Tony" Marino Jr.
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answered on Jan 20, 2024

Based on your narrative, it is difficult to know exactly what happened and what the check was for. This money seems to come from some domestic matter in Oregon. I suggest you talk to your divorce lawyer or see one to determine what the law is when a check is sent for apparently child support and... View More

1 Answer | Asked in Communications Law and Banking for Florida on
Q: Can I record a phone call w/ customer rep if I receive a notice that "This call will be monitored and recorded"?

I live in Florida. Can I record the phone conversation with multiple customer service representatives (within the same single call) of a large bank, if prior to speaking with customer service I receive a notice that "This call will be monitored and recorded"? A representative lied about... View More

James L. Arrasmith
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answered on Dec 15, 2023

In Florida, the law concerning the recording of phone calls requires the consent of all parties involved in the conversation. This is known as a "two-party consent" law. However, if you receive a notice that a call will be monitored and recorded, this typically implies that the other... View More

1 Answer | Asked in Real Estate Law and Banking for Florida on
Q: Recv'd NOD from my Mortgage Co. on a 9 unit apt. complex in N.M. How much time do I have b4 the bank sells at auction?

Will I need an attorney to stop the NOD process, or can I deal with the bank directly to bring loan to current? Will my personal home be in jeapordy of sale if I backed up the investment property loan with a personal guarantee?

T. Augustus Claus
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answered on Oct 10, 2023

In Florida, if you receive a Notice of Default (NOD) for a property in New Mexico, the time before an auction varies, often taking several months, as New Mexico uses a judicial foreclosure process. You can directly negotiate with the bank to make the loan current; they often prefer resolving issues... View More

1 Answer | Asked in Family Law and Banking for Florida on
Q: Can I get my son in trouble by asking him to pose as me to help do my online banking

I gave him POA already

T. Augustus Claus
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answered on Aug 25, 2023

Using a Power of Attorney (POA) to manage your financial affairs is a legal way to grant someone else the authority to act on your behalf. However, it's important to ensure that the actions taken under the POA are within the bounds of the law and the terms specified in the POA document.... View More

2 Answers | Asked in Bankruptcy and Banking for Florida on
Q: Is it possible to take out a loan from a bank when one of your direct family members is already in debt?

A friend of mine is in college and she tried to get a loan to pay for college, but apparently because her mother is in debt, she isn't able to get a loan.

Edit; this person is 21, She tried to take out a loan originally but they claimed that since her direct family member (her... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jul 18, 2023

I agree with Ms. Lipan's short take, but there's more, of course.

Your question raises a plenitude of issues, most of them not questions of law:

With almost all of the nation's banks attempting to beef up their respective capital coffers, and the Fed causing not just...
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1 Answer | Asked in Contracts and Banking for Florida on
Q: My father is in legal trouble overseas and has asked me to take over his finances in the interim can this affect me?

He has been implicated in South Africa and has asked me to pay his bills and send him money through his own bank. Can this have legal ramifications for me and if so how can I keep myself safe or offer safe/legal alternatives to him.

Charles M.  Baron
Charles M. Baron
answered on Jul 9, 2023

You are right to be concerned about it. Your father's request may or may not have legal ramifications for you, depending on exactly what legal trouble he's in. Also, even if it's not a legal problem for you, you'd likely need a power of attorney executed by your father to... View More

1 Answer | Asked in Consumer Law and Banking for Florida on
Q: I am considering a consumer loan to renovate a house that I own. I am told I have to deed my house to the business and

I must make a statement that I do not intend to make this house my personal residence. This is an interest only loan for 1 year. When I pay this loan off are the terms still valid?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 7, 2023

I suspect that the statement they want you to sign is to protect the lender from your later claiming the property as your homestead. If you default and they have to sue you and get a judgment against you, a claim of homestead would make it difficult to levy upon the property in order to collect... View More

3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... View More

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
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1 Answer | Asked in Banking and International Law for Florida on
Q: I need legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation

Hello,

I am writing to kindly request a legal advice regarding sanctions restrictions that may apply to bank accounts of a citizen of Russian Federation.

The case is as follows:

A citizen of Russian Federation has bank accounts in banks in Europe and in the USA.

1.... View More

Jane Kim
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answered on Apr 4, 2023

This is not the forum where you can type up specific legal questions, and receive free legal advice. As a lawyer, I may provide some direction, however. For instance, why are you asking these questions? Have your accounts been closed? Have the US banks cite to any laws pursuant to which they closed... View More

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