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Florida Banking Questions & Answers
1 Answer | Asked in Banking and Landlord - Tenant for Florida on
Q: Can my landlord request to see my bank account balance monthly

They want me to put 80% of my check to savings and make sure I do this every check and perform random checks on my account to make sure I do so, is this allowed?

Update: I'm renting a spare room in a house, I live in the spare bedroom separated from the rest of the house, they're... View More

Steve Louis-Charles
Steve Louis-Charles
answered on Jun 3, 2018

Absolutely not... Such a request by a landlord is greatly irregular and intrusive. It may not be sanctioned by law. Where do you rent and what are they, some type of cult?

1 Answer | Asked in Banking and Landlord - Tenant for Florida on
Q: Do I have to have my tenants escrow in a Florida Banking institution?

I am a landlord who lives in Georgia and my property is in Florida. My managing agent is going out of business so need to handle my tenants escrow correctly. Can I have it transferred into a DBA non interest bearing account that reflects universally at a national banking institution like Bank of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 25, 2018

I believe Bank of America would be considered a "Florida banking institution", within the meaning if Florida Statute 83.49. Note there are options other than a non-interest bearing account, if you want.

See:...
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1 Answer | Asked in Banking for Florida on
Q: Are the regulations that banks are subject to state-specific or does federal law govern?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2018

State and federal law governs.

1 Answer | Asked in Banking, Business Law, Consumer Law and Contracts for Florida on
Q: Hi, Is this legal: Bank of America sent email to parents that credit limit was being lowered. I recieved no email.

I checked settings no one else is on this account. This is a straight seperate credit card only account. We have a separate checking account that is linked, this may be where the contact info pulled.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 25, 2018

Can BOA lower the credit limit of an account? Yes absolutely they can. Was the notice sent to the wrong person. Maybe but no way to say without reviewing the account paperwork. Whether the notice was done wrong or not BOA is not legally obligated to give you an extension of credit and they can... View More

2 Answers | Asked in Civil Litigation, Banking, Family Law and Probate for Florida on
Q: Need help concerning a trust fund college fundHow do get information

1. I have a college savings account in my name and guarded by my father. This account has been open since the day I was born and has had money deposited over my life by multiple family members and close friends of the family. I have never been allowed to know the amount of the money or terms of the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 25, 2018

Evidently your father is the trustee. Have you asked him for an accounting?

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2 Answers | Asked in Banking, Business Formation, Business Law and Consumer Law for Florida on
Q: Went to infiniti dealer got a used car and trade in my car sign all the papers now 4 days later got a call from a bank.

To get an approval for a auto loan and I don't know why this happen cause I was already approved by a credit union and sign papers of payment and interest.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 13, 2018

No way to say without first reviewing the paperwork that you signed. Best advice, is that you take copies of your paperwork to an attorney in your area to have the same reviewed and then determine what your next course of action is.

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1 Answer | Asked in Banking, Consumer Law and Collections for Florida on
Q: This is financial question, How can I get a car repo report off my credit that’s been there for over 5yrs saying I owe ?

It was my daughters car loan , I moved out of state did not know she stop paying it got repo the co . Auctioned it off they sent supposedly all the paperwork to her but went to wrong address I didn’t know if it till a year later couldn’t get any info about it like beginning ending balances or... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 5, 2018

There is no way to say for sure without first reviewing the paperwork related to the entire situation.

Also, typically you cannot take a record or event off your credit report. A credit report is a history record. Thus good and bad records will go on your record and they stay there.

2 Answers | Asked in Banking and Probate for Florida on
Q: Brother in law passed away. Who recieves his assets.

My brother in law (age 26) who lived with my wife and i passed away in feb 2018. He had my wife down as benificiary of life insurance at work. But where does the money he had in his bank account go. He had no will and did not list a benificiary on his account. What do we need to do now since we are... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Mar 1, 2018

Please accept my sincere condolences on the loss of your brother-in-law. Regarding your question, depending on the amount of funds in the bank account, and depending on whether another person has paid for funeral expenses or final medical expenses and would like to be reimbursed up to that amount... View More

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2 Answers | Asked in Banking, Business Formation, Business Law and Gov & Administrative Law for Florida on
Q: Have all citizens of the US and their property have been pledged to a public charitable trust as collateral?

Have all citizens of the US and their property have been pledged to a public charitable trust as collateral for the national debt? If so when and how did it happen?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2018

No, it is a fantasy of the so-called "Sovereign Citizen" movement. There is absolutely no truth to this myth.

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1 Answer | Asked in Banking, Business Formation, Business Law and Contracts for Florida on
Q: When a seller financed loan is not paid, who is responsible to pay back? (Business was resold with loan)

I bought a business, seller financed for 60k. I sold the business for 30k with approval of the original seller stating he would take the lower amount since business was loosing money. Business was sold and lawyer put a escrow account for new owner to put payments into and the payments go back to... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 16, 2018

No way to say without first reviewing the loan paperwork. If you signed a personal guarantee and never got a release of that personal guarantee, then you may be on the hook for the loan.

You need to consult with an attorney in your area asap to get a thorough evaluation.

Good luck,

1 Answer | Asked in Banking for Florida on
Q: What does it mean if something is FDIC insured?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 10, 2018

If a bank or other financial institution is insured by the Federal Deposit Insurance Corporation, deposits in that bank are insured, up to a certain amount. If the bank fails (as happened in the Great Depression of the 1930s), your deposit is protected.

1 Answer | Asked in Banking, Elder Law and Probate for Florida on
Q: As VA legal representative for my mother and beneficiary of her will, she has no assets other than a $12,500 bank accoun

What do I do to get these funds that were to be used to pay for her funeral expenses released?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 7, 2018

It appears that your Mother has passed away. If so, you may qualify for what is called an administration without probate. Or a summary administration.

Best advice is to consult with a probate attorney from the area where you mother resided at her death to determine the best course of action.

2 Answers | Asked in Banking, Contracts and Estate Planning for Florida on
Q: Am i liabel for a person who assigned me as POA? Not filed in court. Given to bank and hospital. Notarized.

Florida. Need to know if i assumed any liability

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2018

If you were given power of attorney, that doesn't make you liable for the debts of the principal (the person who signed the POA), if that's what you are asking.

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1 Answer | Asked in Consumer Law, Contracts and Banking for Florida on
Q: Unlawful car repossession in my credit report.

My vehicle was involved in an unlawful repossession which I recently found out about; the creditor broke a Florida law and took my vehicle without abiding by those laws. I was allowed to pay off the debt and I got my car back that same day. Now I am wondering if paying the debt was a mistake... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 19, 2018

Short answer is maybe. You need to try to convince the creditor to change or remove the entry or correct it and or the credit reporting entity.

Just FYI. Credit reporting is a history record of good and bad credit events. If the repossession was due to occur but the creditor failed to...
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2 Answers | Asked in Real Estate Law and Banking for Florida on
Q: my FHA mortgage loan was recorded after a week the mortgage broker is asking for more funds as they made a mistake

the explanation from the broker is that I didn't fill the FHA down payment requirements and now my loan is unsalable

What can be done in this case ?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 10, 2018

No way to say without first reviewing all the closing and loan paperwork. You need to set a consult with an attorney in your area ASAP.

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1 Answer | Asked in Banking, Business Formation and Tax Law for Florida on
Q: Can my son be held culpable of a tax evasion crime if he was not aware that a crime was being committed?

My ex husband apparently works for a company in Orlando Fl, and they pay him by sending my son the money to his paypal account and then my son in return moves it to his bank account and then wires it through western union to Columbia. When I found out this was going on I spoke to my son and asked... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Dec 30, 2017

This is not a question that you should be asking on this type of forum. Your son needs to contact a tax attorney to discuss this situation. Most of us offer a free consultation and attorney client privilege will apply for the consultation.

1 Answer | Asked in Criminal Law and Banking for Florida on
Q: if someone is mentally ill and got conned into laundering money, but never gave it back, can they get in trouble?

i am mentally disabled and was given money as a "gift" off a dating site, but then the person wanted me to send it to someone else and would pay me for it, i got scared and never sent it back, but im now afraid ill get in trouble for stealing too

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 12, 2017

No, it is doubtful that you can get in trouble. They send you cash, or was it a check?

1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Banking for Florida on
Q: Did the lender have the right to take my car away?

My mother has a car that she's paying off. She was misinformed about her payment date so when she woke up this morning her car had been repossessed. I'm in hot water because that car is also under my name so a repo will affect both of us. Now, she paid off the balance today (the same day... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 30, 2017

Your situation is way too complex to try to answer online. You need to consult with an attorney in your area face to face.

Good luck.

1 Answer | Asked in Banking, Consumer Law and Criminal Law for Florida on
Q: There was a fraudulent check cashed under my name what happens if I don’t pay it off
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2017

Depending on the circumstances you might not be liable for the amount of the check. What do you mean fraudulent; did someone forge your signature to a check drawn on your account? Advise your bank that you didn't sign it.

2 Answers | Asked in Estate Planning and Banking for Florida on
Q: My father died and put me as beneficiary on his bank accounts. I was able to acess his accounts. But now I'm not sure .

I not sure I should have. He died in Florida.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 29, 2017

If you are the payable on death "POD" or transfer on death "TOD" beneficiary on your late father's accounts, then all you would need to do is show the death certificate, and the accounts would be transferred to you. You do not not need to open an estate unless there is an... View More

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