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Ohio Banking Questions & Answers
1 Answer | Asked in Family Law and Banking for Ohio on
Q: Can an 18 year old get her minor account transferred to an adult account?

I am working with a student who turned 18 last week. Her father refuses to go to the bank with her to get her account transferred to her alone. She cannot access the money without his signature. She no longer lives with him as he has been abusive towards her. She has earned the money through... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

Depending on the language of the original contract with the bank the student may have to file a lawsuit against the father for injunctive relief. This is too dependent on facts not stated in the question to answer more thoroughly. THe student should work with an Family Law attorney that is... View More

2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 2, 2023

There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... View More

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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... View More

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1 Answer | Asked in Banking for Ohio on
Q: I have a question for a lawyer over my checking account and being locked out of $2,300

I had received a $3,000 check for mobile advertising I had to send $2,300 back to get the advertisement put on my car after I had done that the $3,000 check did not go through it was no good it was a scam the bank locked down my $2,300 of my checking account which did not allow me to have any money... View More

James L. Arrasmith
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answered on Mar 2, 2023

Banks have the legal right to place a hold on funds if they suspect fraudulent activity, including in cases where a deposited check bounces or is found to be fraudulent. However, they are generally required to notify you of the hold and provide you with an explanation. You may want to consult with... View More

1 Answer | Asked in Immigration Law, Tax Law and Banking for Ohio on
Q: Can I hold Russian stocks with a non-sanctioned Russian bank being physically in the US on an F-1 visa?

Close the question please, there's a mistake in it

James L. Arrasmith
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answered on Mar 2, 2023

There are no specific US laws or regulations that prohibit individuals on an F-1 visa from holding Russian stocks with a non-sanctioned Russian bank. However, you should consult with a financial advisor and ensure that you are complying with all relevant laws and regulations regarding foreign... View More

1 Answer | Asked in Banking, Civil Litigation, Contracts and Real Estate Law for Ohio on
Q: Is it against the law to force someone to sign the deed to their home over to them?

I applied for mortgage assistance in which I could skip some payments and have them rolled to the end of my mortgage. I was approved and skipped about 11 payments. The lender needed my wife and I to sign papers to make it official. My inlaws told my wife to not sign those papers. Despite my... View More

Joseph Jaap
Joseph Jaap
answered on Sep 13, 2022

The in-laws aren't forcing you to sign, they are offering a choice - you can either sign (and then rent from them or move elsewhere), or allow the foreclosure to proceed and you would be evicted by the new owner or you could try to rent from the new owner. Or the in-laws could purchase it at... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

It is very likely that your mother-in-law's mortgage has an acceleration clause. This makes the entire balance due upon the death of the borrower. A surviving spouse has some rights with respect to assuming the loan. But, I'm not aware of any rights that a child has. In other words, you... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Banking and Probate for Ohio on
Q: My wife is the sole heir to her Mom's house, We are planning on moving into it, There is a Mortgage owed.

We are going to pay it off but what rights are there to include her name on the loan so the bank will have to answer her questions and give her details. Her will states that all assets go to her once the estate is settled in October. I understand that the Garn-St. Germain act prevents them from... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Aug 10, 2022

I just reviewed a few mortgages and the death of a borrower would not result in the acceleration of the loan under the terms of Ohio-Single Family Fannie/ Freddie Mac UNIFORM INSTRUMENT. Pursuant to 12 CFR 1024.38 a transfer as a result of death by will or operation of law results in a successor... View More

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1 Answer | Asked in Consumer Law, Contracts and Banking for Ohio on
Q: Are down payments illegal? If so can I get my money back?
Matthew Williams
Matthew Williams
answered on Dec 23, 2022

Down payments are not illegal. They are legal and ubiquitous.

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Banking and Probate for Ohio on
Q: How can I get access to my incapacitated mother's safety deposit Box

My mother had a stroke a few months ago and she gave me power of attorney but she didn't print her name and I had to get an updated one I did but since then she had an aneurysm and can't speak or talk And the bank wants to call up to the rehabilitation hospital she is in Right now i... View More

Aaron Epling
Aaron Epling
answered on Aug 10, 2022

If the bank will not allow access under the power of attorney, then you will need to establish a guardianship and be appointed guardian of the estate by the probate court.

1 Answer | Asked in Banking, Construction Law and Contracts for Ohio on
Q: Hired contractor to build home in Sept. Now April and still no permits. Can I cancel contract and get money back

Hired contractor to build home in September, he had one application for septic turned in that would be $20,000 over, it is now April and no permits have been issued. Looking to see options to get initial payment back and go with different builder.

Joseph Jaap
Joseph Jaap
answered on Apr 5, 2022

What you can do depends on the terms of the contract that you signed. Use the Find a Lawyer tab to retain a local construction law attorney who can review the construction contract and its requirements, and advise you of your options.

1 Answer | Asked in Consumer Law and Banking for Ohio on
Q: I went to deposit 2 checks into my bank. I’ve had the account for at least 10 months. They’re holding my checks 10 days.

Is this even legal? I’ve got bills to pay. Family to feed. I deposited 3/25/22 and was told there’s a hold on it until 4/4/22.

Matthew Williams
Matthew Williams
answered on Mar 28, 2022

Holds on checks are not uncommon and legal, particularly if the check is out of the ordinary for the account. A check is not money, it is a promise to deliver money. When you give a bank a check, it has to clear through the federal reserve system before your bank actually gets the money from the... View More

1 Answer | Asked in Criminal Law and Banking for Ohio on
Q: I cashed a fake check I didn't know it looked like a payroll check and it was made out to my bf and I signed it took it

To my bank and they cashed it. I thought of it wasn't real or whatever they would know before they cashed it

Matthew Williams
Matthew Williams
answered on Jan 11, 2022

If you have been charged with a crime (which is unclear from your post) you should hire an attorney. If you are wondering if you could be charged with a crime, the answer is yes.

1 Answer | Asked in Contracts, Criminal Law, Banking and Business Formation for Ohio on
Q: My mom’s boyfriend has 50,000 from selling a house. He owes money and wants me to hold it for him.

He wants to transfer the money straight into my bank account. Is this money then legally mine? Is there any legal action he can take if I don’t give it back? He has no access to my bank other then him having it transferred

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2021

If it is not a gift to you, then you are holding it in trust for him, and it would not be legally yours. But he would not have access to it, and if you refused to give it back, then he would have to sue you. If there is no signed agreement stating the terms by which you are holding the money for... View More

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Ohio on
Q: Can i be convicted on charges if i never had a check cashed and they also don't have the check just a photocopy of it?

A friend of mine said he had done work for someone but didn't have an ID to cash a check they were paying him for the job so he had it put in my name. I went to cash this check and the bank acted a little fishy over this check and wanted me to stick around to ask the owner if it was legit. I... View More

Matthew Williams
Matthew Williams
answered on Nov 4, 2021

Yes you could be convicted. Your defense goes to your state of mind and not knowing the check was a forgery. That can be difficult to back up. The prosecutor will almost certainly be convinced you were in on it. You should get a lawyer.

1 Answer | Asked in Banking for Ohio on
Q: PayPal is holding $2200.00 of my money. They have already held for180 days. are continuing to hold it. Can they do this
Andrew Popp
Andrew Popp
answered on Aug 31, 2021

It all depends on the details. You need to review your terms of service agreement and get an answer to "why." You will need to retain an attorney to evaluate the documents and circumstances in more detail to determine what rights you have, and how to get your money.

1 Answer | Asked in Consumer Law, Criminal Law, Banking and Federal Crimes for Ohio on
Q: Am I in a legal obligation to give the money back

The other day I went and made a withdrawal from Checksmart and the woman who did my transaction gave me $675 and then gave me a receipt with my transaction my old amount my transaction amount and my new balance. After that she gave me the $675 in cash and when I got home she called me and told me... View More

Andrew Popp
Andrew Popp
answered on Aug 31, 2021

Yes, you have an obligation to return the money.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... View More

Joseph Jaap
Joseph Jaap
answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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1 Answer | Asked in Banking and Juvenile Law for Ohio on
Q: My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state.

My 12yrs daughter ran away from home in Ohio. She stole 120K dollars from my PayPal, she is in a different state. We have no idea where she is. If she comes back, which charges can I push against her? And how long is the statute of limitation before we can no longer push charges?

Joseph Jaap
Joseph Jaap
answered on Jun 16, 2021

12 years old? You need to be talking to the police. If she is found, they will investigate what happened to the money. The prosecutor would determine charges - but as a juvenile.

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