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Kansas Banking Questions & Answers
1 Answer | Asked in Banking for Kansas on
Q: Refund check from vehicle service contract was made out to me instead of lender. Can I cash it?

I recently financed a vehicle and included in the financing total was a vehicle service contract. I cancelled the contract after having second thoughts. The dealership made the check out to me. Can I legally cash the check and keep the funds or does the bank receive it. Thanks

James L. Arrasmith
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answered on Feb 5, 2024

Based on the facts provided, legally the refund check should be paid to the lender, not directly to you. Here's why:

- The vehicle service contract was likely part of the total loan financing with the bank, so they technically own that portion of the loan.

- By cashing the...
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1 Answer | Asked in Contracts, Banking, Estate Planning and Family Law for Kansas on
Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.

She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need to...
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1 Answer | Asked in Banking for Kansas on
Q: My son is incarnated and yesterday he got his stimulus check in the mail, now I have power of attorney over him and all

His assets including property. So how can I get his check cashed? I have a saving account and so does his wife but the bank says they can't cash it.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 26, 2021

No bank will cash a government check that is not signed by the intended recipient. Either get your son to sign it over to you or keep it until he gets out of jail.

1 Answer | Asked in Real Estate Law and Banking for Kansas on
Q: 2 people getting a loan, 1 owns land used for collateral Do both people need to be on deed of property?

The bank has requested a quit claim to put the other person on title of collateral property to get loan. Is that true?

Scott C. Stockwell
Scott C. Stockwell
answered on Apr 7, 2020

If two people are not married, a person (and his or her spouse) who owns the real property may give a mortgage of the property to secure a loan. The bank may have concerns about making a loan in which there is not an identify of interest between the owners of the collateral and the borrowers on the... View More

1 Answer | Asked in Banking, Business Formation and Business Law for Kansas on
Q: I am starting an online business through Digital Altitude. They have asked me to take out a line of credit. HELP!

I am starting an online business through Digital Altitude. I have to purchase the next level of the "pyramid" to make any money. There are lots of testimonials saying how amazing they are but I am still not sure. They have asked me to take out a $50,000 line of credit, through Oak Tree... View More

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 27, 2017

You should proceed with caution and take no action without the advice of counsel. Your understood one set of circumstances to justify your initial involvement or investment. Now you are being asked to borrow money to "purchase" the next level. You have characterized the arrangement as a... View More

1 Answer | Asked in Banking, Consumer Law and Probate for Kansas on
Q: What is the law regarding a decreased person and a car note, when the bank fails to get the car for almost 2 years?

My father passed away almost two years ago. He left a car with a loan on it and the bank has failed to get it. They have set on my mother's property fore almost 2 years now. Is there anything that we can do to take ownership of the car, or file something against the bank for storage fees?

Scott C. Stockwell
Scott C. Stockwell
answered on Jun 27, 2017

There are appropriate procedures to transfer ownership of the vehicle and to quiet title to the vehicle. How to proceed would depend on the assets involved and the value of the assets involved. If the bank perfected its security interest in the car by recording a lien on the car title, that... View More

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