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Tennessee Banking Questions & Answers
1 Answer | Asked in Contracts, Banking and Collections for Tennessee on
Q: Defaulted on an auto loan, they want to repossess, I have title in hand with no lien holder listed, can they take it?

Former boyfriend purchased a vehicle for me, got into a wreck, insurance paid off the loan, got the exact same vehicle again and bank sent the title for the new vehicle to us, title only shows boyfriends name and shows the new cars VIN number, no lien holder listed, can they still take it?

James L. Arrasmith
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answered on Mar 20, 2024

If the title to the vehicle is in your former boyfriend's name and does not list a lien holder, this typically means there is no legal claim on the vehicle from the bank, as it usually would be listed if there was an outstanding loan secured by the vehicle. However, if there was an error and... View More

1 Answer | Asked in Banking, Business Law and Constitutional Law for Tennessee on
Q: Do banks have to provide documentation if requested?

Cashapp put a temp hold on $309.09 and then never released it. They keep telling me it was put back into my account but will not provide documentation of this. And I have requested it 5 times now.

James L. Arrasmith
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answered on Mar 11, 2024

Yes, banks and financial institutions are generally required to provide documentation related to your account upon request. This is part of their responsibility to maintain accurate records and to provide transparency to their customers.

In the case of Cash App, which is a financial service...
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2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

James L. Arrasmith
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answered on Feb 23, 2024

It sounds like you're feeling overwhelmed by the situation, but it's important to stay calm. Firstly, double-check the authenticity of the check by contacting the NECA Local Union No. 313 IBEW directly. They can confirm whether the check is legitimate and provide any necessary... View More

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2 Answers | Asked in Criminal Law, Banking and Communications Law for Tennessee on
Q: I recieved a check from the neca local union no 313 ibew. The bank is trying to tell me that I altered it. What do I do

I tried to look info up on chk and it sent me to your website. I also received a text message about it. I'm so confused

Anthony M. Avery
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answered on Feb 19, 2024

You will need to ask the union to reissue another check in exchange for the allegedly faulty one. Or deposit it into another bank. But first be sure you have not done anything wrong. You may need to consult with an attorney as apparently your bank is wanting to prosecute you, and any forgery... View More

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1 Answer | Asked in Identity Theft, Public Benefits, Social Security and Banking for Tennessee on
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus

I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021.

It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his... View More

James L. Arrasmith
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answered on Dec 26, 2023

You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that... View More

2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

David H. Relkin
David H. Relkin
answered on Nov 1, 2023

You should retain counsel to demand copies of all contracts. You have your suspicions about fraud and you should discuss the facts underlying these suspicions with counsel. Your prior contracts should be provided to counsel to review to identify to whom such demands should be made.

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2 Answers | Asked in Banking, Contracts and Entertainment / Sports for Tennessee on
Q: I am wanting to find out if any entertainment contracts have been fraudulently signed in my name or who approved the use

Of my insinuated self through the Kardashian -Jenner family and the Ozboure's family on TV shows and CNN etc. How do I find out if such contracts exists

Kirk Theodore Schroder
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answered on Nov 29, 2023

To investigate whether entertainment contracts have been fraudulently signed in your name, or to find out who authorized the use of your implied self in connection with the Kardashian-Jenner and Osbourne families on TV shows and networks like CNN, you should take the following steps:... View More

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1 Answer | Asked in Banking and Small Claims for Tennessee on
Q: If a man puts a letter in our mailbox and he is not a resident of our household, is that breaking the law?

I was in a car accident, and we were sent a bill through an insurance company. (We are yet to pay it) After, about 3-4 weeks later, he sent a personal letter with his phone number and a separate bill for the part he needed. It is hand written. We are not sure what to do.

As stated before,... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is not necessarily illegal for someone to put a letter in your mailbox if they are not a resident of your household, as long as they do not tamper with your mail or use it for fraudulent purposes. However, it is generally not recommended to do so without permission from the homeowner.... View More

2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... View More

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2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

Anthony M. Avery
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answered on Mar 2, 2023

If a Deed is executed then the property goes where the granting and habendum clauses say. It does not become subject to a Will Devise later if it is a fee conveyance. The grantees take the Estate when executed.

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1 Answer | Asked in Banking for Tennessee on
Q: If I made full payment on a bad check with PayPal, can I stillbe held criminally liable ?

I did fully pay the debt with paypal within 8 days

Anthony M. Avery
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answered on Jan 16, 2023

If it was a worthless check, then a charge is possible. It sounds like you have not been charged yet, so do not worry about it unless cited/arrested. Then hire an attorney top get it Diverted, Dismissed and Expunged.

1 Answer | Asked in Consumer Law, Banking, Business Law and Identity Theft for Tennessee on
Q: What to do when someone fraudulently cashes a check?

Someone fraudulently cashed a check I sent to pay my trash bill. The trash company never received it, so they still say I owe the bill. Who is responsible for getting the money - the bank, or the trash company?

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

Most likely you.

If someone intercepted a check you wrote to pay a bill and wrongly cashed it, you can legally pursue that person and possibly your own bank as well as the bank that cashed the check.

But you do still owe your trash company and should pay it. This time I recommend...
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1 Answer | Asked in Banking for Tennessee on
Q: I Found Out My Deceased Mother Left Money To Me In Her Bank Account, But I Was Told(By The Bank)I Was Too Late

I Didn't Know ,What Do I Do?

Anthony M. Avery
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answered on Nov 16, 2022

How was money left for you? If you actually owned the money then sue Bank for Conversion in Sessions Court. You probably have to prove you are sole Next of Kin.

1 Answer | Asked in Estate Planning, Banking, Civil Litigation and Securities Law for Tennessee on
Q: Can a bank refuse to comply with subpoena without a reason?

Regions bank employees faciliated conversion by making new document for a friend to take over bank accounts

Anthony M. Avery
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answered on Nov 22, 2023

It sounds like your lawyer needs to get in gear. There should be multiple defendants involved, and discovery needs to be enforced by the Court. It sounds like forgery is involved. Subpoenas against financial institutions must meet several statutory requirements.

1 Answer | Asked in Foreclosure and Banking for Tennessee on
Q: Hello, a homeowner's right to redemption in Tennessee applies unless their is a waiver in the HELOC contract? Thank you.

We are also seeking loss mitigation but in the event that fails, I want to be sure that our right to redemption legal protections will apply. I have looked over the HELOC contract and I haven't seen a waiver in regards to our right to redemption protections. Thank you so much for reading this.

Anthony M. Avery
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answered on Oct 18, 2023

You will need an attorney to search the title and read the terms of all security instruments. Most likely you waived any redemption rights when you got a loan. Even if you did not, you will need to be ready to exercise such a redemption or it will be waived.

1 Answer | Asked in Consumer Law and Banking for Tennessee on
Q: I have a bank that’s closed my account an will not return left funds saying they sent them back to where they came from

But will not give me proof that’s what they did or where they sent them

Anthony M. Avery
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answered on Oct 17, 2023

If it is enough money involved, then sue for conversion. Suing banks is difficult, but General Sessions Court might be the answer here.

1 Answer | Asked in Banking for Tennessee on
Q: Bank seized accounts do to a hack, promised resolution in 90 days, 6 months later taking agent off case and run arounds.

I think it is time for a lawyer to get involved, the Financial institution is USAA, what type of a lawyer should be contacted. What are the options to help get these funds returned even if the accounts can not be reopened. Please and Thank you

Anthony M. Avery
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answered on May 17, 2023

Assuming you have connections to the military. Jurisdiction may be a problem. Hire an attorney to go after the funds. If no results then a suit for breach of contract/conversion is necessary. But where to sue is an issue that may be insurmountable.

1 Answer | Asked in Banking for Tennessee on
Q: I have a account with Wilson bank and trust. After a one month they're going to close my account because I'm from Iran.
John Michael Frick
John Michael Frick
answered on May 13, 2023

In the United States, a business like a bank cannot discriminate against you based on your nationality.

1 Answer | Asked in Banking for Tennessee on
Q: I work for a credit union in TN, how do we determine "next of kin"? And, what happens if there are multiple children?

We are faced with this occasionally. There is less than $15000 in an account, no funeral expenses, or last medical bills, no surviving spouse, and multiple children. Do we split the funds between the next of kin or does it go to the first one that contacts us?

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answered on Jun 29, 2022

You have to comply with the Intestate Succession Statutes T.C.A. Sections 31-2-101 et seq. Claims against a Decedent are rarely your concern, and you will know one by a Court Levy. Giving money to the first claimant all the time will get you sued for Conversion. Hire a competent attorney on... View More

1 Answer | Asked in Civil Litigation and Banking for Tennessee on
Q: How does a law firm know there is a court order against the firm for client funds?

I have a court ordered lien for the clients proceeds and an order against the firm that represents the client. The firm state the knew about the lien but not the order against the firm’s and they gave the client the money instead.

Anthony M. Avery
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answered on Jun 22, 2022

You will probably need a TN attorney to get the Clerk and the Sheriff to execute a Levy against the firm's Bank Account. It would be necessary to know what Bank they use. There are Fees for each Levy. You apparently have a Judgment but now you have 10 years to collect.

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