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I would like to know if I can sue a bank and a car dealership for fraud. My wife and I purchased a used car at a dealership in Miami, FL on February 15, 2025, and encountered several issues: my last name was spelled incorrectly on the documents; the down payment was recorded as $4,200, despite us... View More 
answered on Apr 3, 2025
You should take your documents to a lawyer right away. We do not have any way of reviewing your purchase agreement and contracts in this forum.
Most used car sales are "as is" and it's up to the buyer to have the car inspected prior to purchase irrespective of what the... View More
I have a Home Equity Installment (HEI) that was in the first lien position on my property. Recently, I discovered through emails that my mortgage lender instructed my homeowner's insurance agent to change their position to first lien without notifying me or the HEI company. No Subordination... View More
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answered on Mar 17, 2025
Whichever lender filed their security instrument first has priority unless there is an executed subordination agreement recorded. Hire a FL to search the title and determine your title's exact status. Such a so called "HEI" mortgage is almost always second or third in priority, as... View More
I was recently fired from my banking job for allegedly recording with my cellphone, which I was not doing. I adjusted camera settings during a break in a secluded room with no company equipment. There was no prior warning, and I wasn't shown any evidence supporting the claim of recording. The... View More
answered on Feb 20, 2025
As Florida is an employment at will state, these facts do not show any potential violation of a law or your legal rights by this employer terminating your employment. It makes no difference whether the company was wrong, or the decision is not fair. But your initial instinct is the... View More
Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More
answered on Jan 22, 2025
The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.
If the Judge put everything in your name then nothing needs to go into an estate account.
These so called attorney's for a debt collectors have sent me emails threatening legal action of a court summons and/or having me arrested. However, when I ask for proof of the loan they say I took out, they have refused to provide me any information. Their only means of contact is email,... View More
answered on Sep 6, 2024
You are correct to be cautious and suspicious. Usually this type of written collection communication is by regular mail, not email - or possibly regular mail plus email, but not email alone. The written communication usually gives the debtor a deadline to write back to dispute the debt, and the... View More
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
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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... View More
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
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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... View More
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 ?
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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... View More
My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?
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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
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
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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
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
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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... View More
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?
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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... View More
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?
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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
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
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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
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
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
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
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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
Cash App took $4,350 from my account and won't return it. I contacted the FBI but haven't filed an official claim with Cash App. What steps should I take to retrieve my money?
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answered on Apr 11, 2025
That’s a significant amount of money to lose, and it’s important to act quickly. The first thing you need to do is file an **official dispute or claim directly through Cash App**. You can do this through the app by selecting the transaction, tapping “Need Help & Cash App Support,” and... View More
As the beneficiary of an IRA account with Bank of America and Merrill Lynch, I have experienced unauthorized handling of the account. Despite giving written instructions to a Merrill Lynch representative to maintain the IRA, it was closed at maturity (120 months), and funds were transferred without... View More
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answered on Apr 8, 2025
Yes, as a beneficiary, you may have the right to take legal action if the handling of the IRA account was unauthorized. If you have documented evidence that the account was closed and funds transferred without your consent or instructions, you may have grounds to file a legal claim. The first step... View More
I have an auto loan with Suncoast Credit Union and recently did a voluntary repossession because the car's transmission was broken. They sold the car and applied the sale proceeds to the car loan. However, I noticed that they recently took a payment from my account without notifying me. When I... View More
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answered on Apr 8, 2025
When a financial institution like Suncoast Credit Union has a "Right of Setoff," it means they can use funds from your accounts with them to cover any outstanding debts you owe. This right typically applies if you have a loan, like an auto loan, and your account holds a balance with them.... View More
I am applying for a Mortgage Loan Originator (MLO) license in Florida and have come across Rule 69V-40.0113, Florida Administrative Code, regarding license approval. I have some charge-offs and delinquent accounts. Will it be required that these accounts are paid off or be in a payment plan... View More
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answered on Mar 24, 2025
In Florida, financial responsibility is indeed a key factor in determining MLO license approval. Your delinquent accounts and charge-offs may be considered "adverse credit history information" under Rule 69V-40.0113, which regulators use to evaluate your financial responsibility when... View More
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