Lawyers, Answer Questions  & Get Points Log In
North Carolina Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Consumer Law and Contracts for North Carolina on
Q: If a lending company of student loans commits “usuary”, what law does this fall under?

Which state does the “usuary” law (s) apply? The resident’s state or the lending company ‘s state?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

Penalties for usury are applicable in the resident's state. However, if the loan is usurious in the lenders state it may apply to you as well. Hire a lawyer to research it.

1 Answer | Asked in Banking, Consumer Law and Real Estate Law for North Carolina on
Q: I have been trying to do a short sale for over a year, after finally completed all of the process the mortgage company

Sold my loan, the new company is still affiliated with the old one, they stated that I have to start the process over, which will cause me to lose my buyer.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

This new trick is becoming all too common in the mortgage lending industry. Your best bet is to hire a good real estate lawyer and have them write a very strong letter to the original lender and the new lender warning both of them that you may take legal action against both lenders if necessary to... View More

1 Answer | Asked in Banking, Civil Litigation and Small Claims for North Carolina on
Q: Help with bank levy

I have an old debt with a landlord in Ohio from 2014. A judgement was issued in Ohio in2015. I completely forgot about, as I had zero communication with the debtor in the past 3 years. Now they got a bank levy and I have til May 1, 2019 to respond to a notice for a hearing or to claim why I... View More

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

This would be an easy problem to solve if it did not involve two separate states. If the bank levy was filed in the state of North Carolina you should hire a NC lawyer to help you. If the action was filed in Ohio, you need an Ohio lawyer. Do not try to defend against this levy without a lawyer.

1 Answer | Asked in Banking for North Carolina on
Q: I need to sue Woodforest National Bank in Hendersonville North Carolina please contact me at americaninsen87@ail.com
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 16, 2019

You will get a vetter response by looking for a lawyer using the Justia search engine on this site.

1 Answer | Asked in Criminal Law and Banking for North Carolina on
Q: Can an authorized user on a checking account go in and cash to the owners checks and make changes

The authorized user on my grandmother's account has been cashing her checks and not giving them to her and also making serious changes to the account without the account owner's presence is this legal

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 5, 2019

There is a very common belief that there is a difference between an "authorized user" of a personal bank account and a "co-owner" of a personal bank account. While there are several different kinds of bank accounts, access to each type of bank account is either defined in the... View More

1 Answer | Asked in Banking, Business Law, Contracts and Collections for North Carolina on
Q: Can a business avoid paying a debt by giving assets to someone else? (Debt was a mortgage for an investment property).

My girlfriend owns her own business which is incorporated. She's the only employee and works out of our home. We live together. A few years ago, her tech business invested in a coastal property.

1- At the same time, my gf & her ex-husband jointly owned a different property.... View More

Paige Kurtz
Paige Kurtz
answered on Apr 23, 2018

It depends on the transaction and how it is structured. Generally you can't avoid debts by transferring property and assets to insiders, particularly for no payment. The creditor can file an action to avoid the transfer based on several factors. Thus, if you are tranferring assets, it has to... View More

1 Answer | Asked in Contracts, Banking and Military Law for North Carolina on
Q: Drive Time and SCRA

My wife purchased a vehicle from Drive Time before I entered the military (active duty) and her intrest rate is extremly high. 25% or so. Back then she had a job where she could afford it, but now om the only one with an imcome. I reclently found out about SCRA (service member civil relief act)... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Feb 4, 2018

You need to put it in writing. Here is some suggested language:

Dear Sir or Ma’am:

Pursuant to the Servicemembers’ Civil Relief Act (“SCRA”) 50 U.S.C. App. Section 527,

this letter is my formal written request to reduce the rate of interest to six percent (6.0%) for...
View More

2 Answers | Asked in Banking for North Carolina on
Q: Where can I find info on the Patriot Act and regulations re: deposits
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

You can start here:

http://en.wikipedia.org/wiki/Bank_Secrecy_Act

View More Answers

2 Answers | Asked in Banking for North Carolina on
Q: Where can I find info on the Patriot Act and regulations re: deposits
Rachel Lea Hunter
Rachel Lea Hunter
answered on May 3, 2013

You can start here:

http://en.wikipedia.org/wiki/Bank_Secrecy_Act

View More Answers

1 Answer | Asked in Banking for North Carolina on
Q: Personal Gurantees for Commercial loans, what can the bank go after?
Rachel Lea Hunter
Rachel Lea Hunter
answered on Apr 2, 2013

If there is a personal guarantee of a business loan, if the business does not pay then the bank or lender can sue the guarantor. The lender, if it wins a judgment, can recover the same as in any other civil case against a debtor. NC law allows an individual person (not a corporation)to exempt... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.