Suppose these are the facts: Joe owns a house and has a mortgage on it. He devises the house to Sam, his friend, in his Will. Joe dies, Sam takes possession of the house. The mortgage is not paid. The bank can absolutely foreclose on the house but cannot hold Sam personally responsible for the debt.

There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.)

Even before reaching the... View More

You have no obligation to pay anything to the mortgage company, merely an obligation to hold the funds you received from the "family member". You should pay those funds to whomever the "family member" tells you to pay. And, by the way, if the "family member"... View More

Yes. IMO, you should be happy you are a member of the credit union. Most financial institutions are harsher than credit unions: state and federal banks just close your accounts and do not let you do any more business with them, ever.

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

HSBC is one of the largest international banks on earth, so no, you cannot sue them by yourself. Nor will you convince any experienced Florida lawyer to do it for you, unless you plunk down at least $250,000 up front.

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... View More

Unless your name is on the bank account as a joint owner no bank will allow you or anyone else to access anything associated with your mother's account.

The "Court Order" they are talking about is an order of a probate judge, which means you must open a probate account.... View More

Banks rarely take a security interest to secure personal property purchased with the loan proceeds. What is your question?

Generally, if any important change is made to a contract without being part of the original contract, the change cannot be made.

However, without being able to read every page of your original contract plus read any other attachment addendums, or similar changes it is impossible to answer... View More

This is either a scam aimed at stealing from you or one of the thousands of money-laundering schemes that the Fed, the IRS, the FBI, and the DOJ are now busting.

They settled a claim you had against them by cashing their check? Unless I understand you, it appears that you had every right to spend it.

Read the contract carefully.

The municipal law of Quebec is based on the Code Napoleon (like Louisiana) and cannot easily be compared to the common law of Florida.

I would suggest you hire a lawyer in Montreal (sometimes a notaire can handle this type of problem) and see if it... View More

You will need to contact a Canadian lawyer but I would definitely not rely on information from a bank employee.

1. There is no law or "article" that you can use to "prove them wrong."

2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.

3. If you will turn this around and look at it from THEIR position you... View More

You locate and hire a very experienced banking lawyer who knows how to fix stuff like this and pay them to try to help you.

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answered on Nov 27, 2021

Just call them!

He can potentially get arrested for theft, but theft is a crime that requires an intent to deprive someone of their property. One defense to theft charges prosecuted in Florida courts is good faith. Good faith is a valid defense if a jury finds that the defendant had an honest, good faith belief... View More

You could file a motion to set the default aside, claiming excusable error on your part. it would be up to the judge.