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Florida Banking Questions & Answers
1 Answer | Asked in Banking for Florida on
Q: I have compensation funds in the federal reserve bank , DR.charles gates in charge of dispensing needs a $300 ID. bond??

stating once I send the bank clerk $300 for the identity bond certificate/ clean bill of records I will receive my funds. is this normal demands from a bank that has my compensation fund that's escrowed and fully registered in my name I have his federal reserve bank ID. plaque card if I can... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 12, 2019

Thanks for the offer, but showing us Dr. Charles Gates' "federal reserve bank ID plaque card" will not change the fact that you are about to lose $300--or more. This is a scam.

1 Answer | Asked in Banking for Florida on
Q: I need a lawyer to help me with a fraud that I did not commit and now I'm having problems opening a bank account

I called the police, they came and asked all the questions and they sent a detective and the detective decided not go on with case, that I was just a victim. I told the bank and they decided to proceed to put something on my record that now is impossible to open a bank account, and the even... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 7, 2019

It appears that you and your husband have been caught in a web of suspicion caused by the enormous increase in the number of fraudulent checks being deposited by bank customers. Most banks immediately freeze all accounts owned by customer whenever any account gets hit by a fraudulent deposit. And... View More

2 Answers | Asked in Banking, Civil Litigation, Criminal Law and Small Claims for Florida on
Q: Can I use FL statute 772.11 in small claims if treble amount exceeds $5000 but original theft amount is less than $5000?

Money taken by custodian of FL-UTMA account the day after the minor who's bank account the name was in reached age of maturity determined by FL law s. 710.123 section (b), s. 710.107 ss. (2), and s. 710.111 (b).

Original amount of UTMA account was $12k and I can prove custodian abused... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 3, 2019

No. The small claims jurisdictional amount is $5,000. So you cannot sue for the amount by which the statutory penalty exceeds that amount.

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1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Probate for Florida on
Q: What to do when a house is destroyed during a Cat 5 hurricane and you're still going through probate.

Hello. In 2018 a deceased family member's home was destroyed by Category 5 Hurricane Michael while still in probate. We had been keeping up with all payments on the estate, until we were told by Wells Fargo that they would no longer accept payments. We have had a case open since October 2018,... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 24, 2019

Having the probate papers will not stop Wells Fargo Bank--unless you can convince the probate judge to take jurisdiction in order to preserve the assets of the estate. This strategy will require someone with proper credentials to appraise the storm damaged property high enough to be able to sell it... View More

1 Answer | Asked in Estate Planning, Tax Law and Banking for Florida on
Q: Who is liable?A financial investment company(UBS) did a payout instead of the rollover my financial adviser requested

Now 3 years later the IRS is demanding taxes on the "payout". The money was actually rolled over into a different account but unfortunately UBS did not do what we requested and it was sent as a payout (we paid taxes on it) and coded as a payout instead of a rollover. We have re-sent the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 17, 2019

It is very difficult to analyze your situation and give you guidance without seeing all the underlying documents--including every statement from UBS received by you--both BEFORE the "mistake" and ever since--plus every other document with facts and numbers related to this SNAFU. Moreover,... View More

2 Answers | Asked in Banking, Business Formation, Business Law and Contracts for Florida on
Q: I run a mortgage loan processing company. Should I use a Contract, SLA, Non-Compete, or a NDA to protect my business?

As my business scales, I'm finding it necessary to leverage some sort of written protection to not only outline my level of service offering(s) to my clients, but also a way to outline the duties of the staff I will be hiring. I want to ensure all parties are clear on what each party provides... View More

Andrea Wheeler
Andrea Wheeler
answered on Jun 11, 2019

It is a great idea to speak with a business lawyer so that all of your relationships and transactions are based on a solid contract.

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1 Answer | Asked in Banking for Florida on
Q: Can Florida bankruptcy trustees disregard state and federal bankruptcy exemption statutes?

I write on behalf of my parents, both 74. They are about one year into chapter 13 bankruptcy payments. AFTER that process commenced, my father was awarded VA disability payments based on being "80% disabled." This resulted in approximately $1,700 a month in disability pay, with a... View More

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

In a Chapter 13 all income is lumped together to calculate the monthly payment needed to repay the creditors whatever amounts each one gets. Contact you BR lawyer and tell him you want to consider changing the 13 to a 7.

1 Answer | Asked in Banking and Consumer Law for Florida on
Q: Sat 03/31/19 a bank lien was on bank acct by collection agency a judgement from 2005”no notice given,what can be done?

It is from a discover credit card I had in 1998. I never received info to go to any court date.I’m looking for advice please . I am a 1099 employee,and a single mom of 2 children&on section 8.Thank you Sherry S.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2019

I strongly suggest that you hire a Florida debt collection lawyer to help you set-aside what appears to be an unlawful lien or garnishment. If you cannot afford a lawyer, contact one of the legal aid organizations in your county and ask them to help you.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Identity Theft for Florida on
Q: My bank leaked all my sensitive personal information via email to another person

I have requested from my bank to email me a form which i was supposed to sign, so i can add an employee to be able to make payment through the businees account. They needed him to go to the bank so they can put his name on the form and email it to me to sign it. They did email me the form on which... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2019

Unless there is a statute giving you the right to recover a penalty in the absence of provable money damages, you can't recover. The old adage "no harm; no foul" would apply.

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1 Answer | Asked in Banking for Florida on
Q: My aunt passed away 2 years ago. My mom is the only next of kin (but not on the will), can she claim the $ in the bank?

I was told my mom needed to file a form called, Declaratoria de Herederos. But I was also told that it all depends on whats on the will. My aunt was not in here right state of mind, she left incharge, her Doctor's secretary as the estate holder, that just sounds wrong. When my mom and I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2019

It is not clear where she resided when she died. If she was in Puerto Rico (and I assume that's what you mean, I doubt that Florida has a form called a "Declaratoria de Herederos".), you need to post your question in Justia › Ask a Lawyer › Puerto Rico › Probate.

2 Answers | Asked in Banking, Civil Litigation and Consumer Law for Florida on
Q: can a 3rd party judgment creditor sue a mortgage company for granting a VA mortgage to a his judgment debtor?

Lien as a result of Judgment to creditor was in 2009. No payments were ever made on judgment.

Mortgage was approved and closed 6/2017. Judgment was discovered prior to approval and mortgage closing, it was not disclosed by judgment debtor. Letters of explanation submitted by borrower... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 21, 2019

The short answer is no, you cannot sue the mortgage company. But it appears that your judgment lien is senior to the mortgage. What do you mean about a reduced payout; was the judgment discharged in bankruptcy?

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1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Florida on
Q: a proposed mutual release settlement agreement does not include the return of the borrowers deposit

lawyers for the lender are attempting to get a quick signature to release all parties from the construction contract getting the banks money back in which the contractor hasn't returned it to the lender after the 12 months expiration of the contract . the contractor has agreed to pay back the... View More

Griffin Klema
Griffin Klema
answered on Jan 24, 2019

Your question is somewhat confusing. If the borrower and the contractor are on "opposite sides of the v." or are both a plaintiff or a defendant but adverse to one another (such as a cross claim) then a release should be able to accommodate whatever settlement structure the parties desire... View More

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Civil Rights for Florida on
Q: My ex girlfriend refuses to remove me as an authorized user from her credit card, is this legal?

3 years ago I got into a relationship in which my ex gf decided to add me as an authorized user to her CC in order to help me build my credit, we split up January 2018, she acts like a child and won't reply to my requests to remove me as an authorized user from her account, I asked her mother... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 5, 2019

An "authorized user" is not obligated to make the payments, so what does it matter to you?

1 Answer | Asked in Consumer Law, Divorce and Banking for Florida on
Q: Can I legally ask the bank to revoke my co-signing on a vehicle my now ex has? Loan is current

She recently asked for a 3 month deferment for medical reasons which hurt my credit. I recently heard that it is law I can ask for this and the bank is obligated to oblige.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2018

What you heard was wrong. The bank was not a party to your divorce, and is not bound by anything in the divorce decree, nor does the decree modify the effects of your decision to co-sign the loan.

1 Answer | Asked in Banking for Florida on
Q: Hello, If someone faxed forged documents to my bank and received over a $100,00 from my trust fund from bank of America

Is the statute of limitations 10 years ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 29, 2018

I don't think so. But Florida Statute 775.15 provides in pertinent part that:

"...

(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:...
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1 Answer | Asked in Tax Law, Contracts, Real Estate Law and Banking for Florida on
Q: A quality control audit on behalf of Amerihome requested me to verify a gift of money for mortgage loan.

I sent money from my bank account to my sister-in-law’s bank account few times as gifts; and it is an EVEN number each time, such as, $1,500, $1,900, $2,000, etc., and totally I sent her around $10,000. At that time, she needed money to buy a house and she applied for credits and a mortgage loan... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 26, 2018

You didn't keep records of these transactions? Your bank doesn't have such records? I find that very strange if you and your bank don't have such records.

Consider if it may be some sort of Internet scam.

If they are threatening you with criminal prosecution, and...
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1 Answer | Asked in Banking, Contracts and Real Estate Law for Florida on
Q: Can a lender force you into a loan agreement modification?

The 1 year construction period for a VA Construction to Permanent loan expired. VA allows for an additional 6 months. The lender wants me to sign a loan agreement modification for providing a fixed rate. The problem is that the construction is not over and under the original agreement, there... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 22, 2018

You took lender's money and the time to pay back the loan expired. So technically you are in default. You can sign and try to work it out, or not sign and lender will foreclose based upon your breach for failing to pay off the loan as the terms expired. You should have an attorney review... View More

1 Answer | Asked in Banking for Florida on
Q: At opening I had a robbery attempt (financial institution)a guy pointed a gun at me, no físical damage just emotional,

I found out the two cámaras outside the building were not working? Is this consider lack of security??

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2018

You suffered no "fiscal damage", and I assume that you also suffered no physical damage. The fact that the cameras were not working may well be someone's fault. But as the saying goes: "no harm, no foul". Emotional trauma alone is generally not grounds for a lawsuit.

1 Answer | Asked in Banking for Florida on
Q: If I think a bank has done something illegal, who do I file a complaint with?
Alex McClure
Alex McClure
answered on Jun 30, 2018

Contact the Florida Office of Financial Regulation.

From my own experiences, its a pleasant department to work with.

Hope this helps.

1 Answer | Asked in Real Estate Law and Banking for Florida on
Q: My case is failing bc the employment verification from P.E.O says my hiring date with them is too recent. What can I do?

3 years ago I started working for a small company. Eventually, more people joined and my boss hired a company to do the Human Resources (hired a professional employer organization ). The problem is that I've been trying to buy a house but I became a leased employee LAST YEAR (2 years after I... View More

Alex McClure
Alex McClure
answered on Jun 30, 2018

You are the one wanting the loan, so its up to you to prove to the satisfaction of the lender your employment situation.

That being said, you should be able to produce your tax records, employment records, letters from the employer, etc. to show your income and steady employment history....
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