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New York Banking Questions & Answers
1 Answer | Asked in Banking and Real Estate Law for New York on
Q: My spouse passed away. Both names on mortgage. My name primary. Do I need to change the mortgage contract?
Michael David Siegel
Michael David Siegel answered on Sep 3, 2021

No. Just keep paying. If you are both on deed, same answer. If not, you may need to do an estate proceeding.

1 Answer | Asked in Banking and Probate for New York on
Q: Person not participating in inheritance procedures.

My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... Read more »

Elaine Shay
Elaine Shay answered on Aug 2, 2021

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

1 Answer | Asked in Banking, Insurance Bad Faith and Insurance Defense for New York on
Q: what to do if my bank refuses my father's life insurance claim?

My father's bank refuses to pay me by telling me that my father did not contributed the last months before his death without giving me any official paper or proof. My father contributed to this insurance for more than 30 years and it's a shame not to get any penny..

Tim Akpinar
Tim Akpinar answered on May 9, 2021

I'm sorry for your ordeal that makes a difficult situation even more painful. It appears you've already requested records. It's difficult to offer step-by-step instructions here, as the next step could possibly require litigating the claim, depending on the situation. Reach out to... Read more »

1 Answer | Asked in Consumer Law and Banking for New York on
Q: chase froze my personal joint account with my wife saying i cant get sba loans and grants deposited in ac without notice

i am uber driver where we dont need EIN NUMBER & BUSINESS ACCOUNT & sba qualified me for loans & grants and chase has issues saying they gonna keep the funds which includes my savings and wife salary too i dont have any source of income to run my family

Michael David Siegel
Michael David Siegel answered on Apr 28, 2021

It is not being frozen due to the PPP loan. There must be some other issue or judgment.

1 Answer | Asked in Banking for New York on
Q: i send a wire and I enter the wrong account number what can i do ?

and my bank tried to contact that person but the that person ignoring

we send that through Chase to Citibank and Citibank don't went to talk to me

so the bank tell me that is nothing to do

Michael David Siegel
Michael David Siegel answered on Apr 23, 2021

The wire should have been rejected if the name on the account did not match the account number. Are you sure it went through?

1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for New York on
Q: how can I force the original creditor to provide documentation of the debt or remove account from my credit report
Tim Akpinar
Tim Akpinar answered on Jan 6, 2021

This could be something that a collection defense attorney would be able to advise best on. All the categories you chose make good sense, but you await a response for four weeks. You could try reposting and adding Collection as a category. Not all posts are picked up, but you'd probably have... Read more »

1 Answer | Asked in Banking for New York on
Q: Is it illegal in NY to lie about personal information when applying for a credit card?

For example in this instance, the person filling out the application for the card put the card in their child's name (their child is a minor and not allowed to have a card of his own) and in their social security number. The card is connected to the child's bank account and the rest of... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2020

As a general matter, it could violate fraud laws involving financial institutions, in addition to violating terms of service and conditions for the card. It would probably be better for the adult to find a credit card company that offers the option to take out an additional card for a family member... Read more »

1 Answer | Asked in Banking for New York on
Q: Hi.sir please tell me how to proceed my PayPal account activation mechanic card master,visa card?

Please give a common number for outbroad number

Tim Akpinar
Tim Akpinar answered on Dec 10, 2020

The customer service representatives at PayPal (possibly together with those at Master Card or Visa) would probably be more knowledgeable about this, since it would involve the company's own standard operating procedures. Most attorneys would not be familiar with this as general information.... Read more »

1 Answer | Asked in Banking for New York on
Q: I am being charged a 3500 fee from my bank on a regular basis my account is on lockdown right now and I’m being charged

Each bounced check is costing me 35.00 for each one I have enough money to pay those bills in my account I did not put it on lockdown can they do that

Michael David Siegel
Michael David Siegel answered on Dec 1, 2020

You likely have a judgment and a levy on your account. Call your bank.

1 Answer | Asked in Foreclosure and Banking for New York on
Q: In tax foreclosures is the winning bidder responsible for liens/mortgage loans on property?

How would someone find out that information? Is going through a lawyer the only way to get reliable infor.?

Michael David Siegel
Michael David Siegel answered on Oct 16, 2020

No. Mortgages are junior to the taxes. Thus, they should be foreclosed out, unless the plaintiff failed to name it.

1 Answer | Asked in Contracts and Banking for New York on
Q: My friend's dad passed away and he had $25,000,000 worth in in shares that he left to his daughter but the shareholders

Won't release the money untill she pays 10,000 for holding fee how does she get around that because we can't come up with the release money

Michael David Siegel
Michael David Siegel answered on Sep 27, 2020

I do not know the details, but this seems like a scam.

1 Answer | Asked in Banking for New York on
Q: Does my bank have to disclose what documents were produced through a Court ordered subpoena to me?

I have been asking what documents were produced in response to a court ordered subpoena. I have left messages and written letters to the legal dept. but they have not answered. Are they obligated to tell me?

Victor M. Feraru
Victor M. Feraru answered on Sep 15, 2020

If the records have been released due to a court ordered subpoena--have your counsel request what was released from the Court. Do you have a copy of the subpoena?

1 Answer | Asked in Banking for New York on
Q: My bank rec’d a court ordered subpoena for records regarding a case where I am not named. Does the bank have to comply?

A family member who was a temporary signatory on the account is named in a court case. A court ordered subpoena for all banking records was issued. He is not an account holder, owner, or employee of the corporation. What bank records does the bank have tp produce

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Sep 14, 2020

Depending on what the subpoena requests, the bank would gather the responsive documents and produce them unless excused by the court. It seems you are dealing with the records of a corporation. If that is the case, you can contest the subpoena in order to either avoid any production of records, or... Read more »

3 Answers | Asked in Banking for New York on
Q: I'm not sure what the paper is called but he was in charge of his mother's accounts while she was alive

After our bank switched over to a different bank the existing account in his mother's name along with her boyfriends name was put under my fiancé online bank accounts. So he shows his account and then the other account.

Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

It sounds like you are talking about a power of attorney form. Good luck

Tim Akpinar

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1 Answer | Asked in Banking for New York on
Q: Bank account questions, My fiancé has an account linked to him from his mother who has passed 2 years.

We have no further information then the bank on this matter however do not want to do anything with this money until we are guaranteed the money is ours. If you could advise us as to what to do with this it would be greatly appreciated. Thank you, Julia G.

Michael David Siegel
Michael David Siegel answered on Sep 3, 2020

It depends on the size of the account and whether your fiance is next of kin. It also depends on what you mean by "linked".

2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 22, 2020

Maybe? Are you working in a hostile workplace? What evidence is there that black and/or Hispanic or other minority employees are being targeted? Have similar threats been made against other employees who may not be protected? Have you suffered an adverse employment action?

One threat may...
Read more »

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1 Answer | Asked in Banking for New York on
Q: I would like to sue First Citizens Bank because they are not allowing me access to my funds.

First Citizens Bank is not allowing me access to my funds and they have done a transaction without my authorization proof of which I can supply on request. Further to this I am a kidney transplant patient in need of chronic medication that I have not had my meds for a month now because of gross... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

You could consider reaching out to attorneys while you await a response. It could be difficult for attorneys to reach you through a post because the format here is really only that of a question and answer board, rather than a referral service. I'm very sorry for the loss of your daughter and... Read more »

1 Answer | Asked in Banking for New York on
Q: Almost $3500 was transferred fraudulently from my acc using zelle but BOA refuse to refund my money, what can I do?

BOA kept saying the device that was used was consistent with my device. I was at work at the time of transaction. I need help please.

Michael David Siegel
Michael David Siegel answered on Jun 20, 2020

You need to file a criminal complaint to start. As Zelle requires your device and password, the assumption will be it was your negligence and/or cooperation that caused it.

1 Answer | Asked in Arbitration / Mediation Law, Banking and Contracts for New York on
Q: Should I opt in or out of my banks Arbitration agreement?

My bank recently sent out a letter asking everyone with an account to opt in/out of their new arbitration agreement. I called their office to get more information on what this exactly meant as their letter also did not specify what changes were going to happen and how they affect me or my money.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2020

It would be difficult for an attorney here to tell you to opt out or not opt out without seeing the arbitration agreement. In terms of arbitration agreements as a GENERAL matter, whether they apply to contract, employment, real estate, car sales, etc., what it often means is that a person accepts... Read more »

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