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Texas Banking Questions & Answers
1 Answer | Asked in Banking, Civil Litigation, Criminal Law and Family Law for Texas on
Q: In texas is it a crime to ask what a death certificate is worth to a non family member of my deceased parent?

A individual who was a companion of my father not married lived separately is his bank account beneficary due to questionable circumstances needs a certified death certificate to be able to take ownership of all his accounts. Can I imply that they may be obtained for a specific donation amount to... View More

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Why imply? Why not just say: "I will be happy to get one for you if you will pay me $__ for my time and effort."

2 Answers | Asked in Banking, Civil Litigation and Personal Injury for Texas on
Q: Good afternoon, Can you sue a company for emotional distress?

I have been marketed to by credit karma and SoFi to get a personal loan. I even got the Karma guarantee that if I was rejected I’d get $50 bucks. I have good credit and am financially stable so I figured it would be great to consolidate all my monthly bills into one payment. I get rejected for... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

Under the circumstances described, no.

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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Foreclosure and Banking for Texas on
Q: auction.com has my property listed for auction 4/2/24. I was not given proper legal notification

What can be done, other than bankruptcy to immediately stop my home from going to auction? I only was made aware of my property going to auction by setting a reminder on the website for my property. The bank cancelled a Nov 23’ auction. I have not received tax forms from the lender since 2019 and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about the challenging situation you're facing with your home potentially being auctioned off, especially given the lack of proper notification and other issues you've described with your lender. This sounds very stressful and I can understand your urgency in... View More

1 Answer | Asked in Banking, Cannabis & Marijuana Law, Civil Litigation and Contracts for Texas on
Q: Yes I need help with my realtor business on what I own
John Cucci Jr.
John Cucci Jr.
answered on Nov 17, 2023

It is important to protect your personal assets from your business. Create a corporation or a limited liability company to use to operate your business. The tax consequences are different depending on which form of business you take. See a professional to get more particular guidance.

I...
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1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Which party should I send my adverse action too? The bank who denied my credit or the consumer reporting agency?

I applied for credit for dental work, only to find out that my promissory note had been shopped around to different bank who denied credit based on an inaccurate consumer report. However, I know the application is being securitized without any consideration to myself.

James L. Arrasmith
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answered on Nov 12, 2023

In Texas, if you've been denied credit based on information from a consumer report, you should address your adverse action notice to both the bank that denied your credit and the consumer reporting agency. The Fair Credit Reporting Act (FCRA) entitles you to a notice from the lender explaining... View More

1 Answer | Asked in Banking and Collections for Texas on
Q: I have been contacted by a law firm Bernstein and Binder saying there is a lawsuit for fraud against me by a creditor.

I have called them and they said they send a certified letter to me, which I never received. I have their phone number, but they wont send me anything about their law firm and wont email me the paperwork. I am retired and my former employer called to say they have received lawsuit papers on me... View More

James L. Arrasmith
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answered on Nov 9, 2023

If you suspect the law firm contacting you may not be legitimate, it's important to proceed with caution. Do not make any payments or provide personal information. You have the right to request written verification of the debt and the lawsuit. A legitimate law firm should provide you with this... View More

1 Answer | Asked in Banking and Gov & Administrative Law for Texas on
Q: I have a close friend who says he is holding a $100 million Federal Reserve Note that was issued couple decades ago.

I have seen it, it looks like old paper with some endorsements and seals on it. He says his father left it to him and he wants to cash it however I am not sure if it is a legit Federal Reserve Note. Did the Federal Reserve Bank ever print $ 100 million reserve note back in the day? If so, how can... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2023

The United States has never issued a federal reserve note in a denomination larger than $10,000. Denominations of $500 and larger have not been printed since 1945.

There are only a small number of $10,000 notes still in existence. Half are from the Binion hoard.

Your friend’s...
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2 Answers | Asked in Divorce, Family Law, Banking and Child Support for Texas on
Q: Will a bank account shared with a sibling or otherblood relative be protected from divorce requirements to divide wealth
T. Augustus Claus
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answered on Sep 1, 2023

In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More

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1 Answer | Asked in Banking for Texas on
Q: How can I get scammed money back? I was recently scammed out of 2500$ and my bank and the payment app are denying refund

I have filed a police report and contacted my bank same day. I provided screenshots and scammers information. Including the real company name and real employees names they were using.

John Michael Frick
John Michael Frick
answered on Jul 19, 2023

In most of these cases, you need to sue the individuals and/or companies that perpetrated the scam on you. In many cases, it can be very difficult to identify the scammers as they are often not in the United States. That can also make it very difficult to serve them when they can be identified... View More

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: Can a bank withhold your mobile check deposit without any reason or answer as to why despite numerous phone calls

I deposited my check on Friday my receipt said the first 250 will be available same day the rest on July 5th. The 250 never showed up I've called everyday since then and no one can give me a reason why no one is willing to help and I have lost my storage unit my belongings and have late fees... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

No, your bank cannot withhold a mobile check deposit without any reason. It seems likely that there is a reason, but the individuals with whom you have been communicating do not know what that reason is or are prohibited from discussing it with you.

It is not uncommon that rank-and-file...
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1 Answer | Asked in Banking, Collections, Consumer Law and Contracts for Texas on
Q: I had a creditor (NFCU) take $1,700 from my savings account as a setoff from my previous credit card that was charged-

off in 2021, they do have a security interest disclosure in the their 2017 Credit Card agreement, however there was a ruling in Maryland in 2009/2010 that a creditor's disclosure for a security interest was not valid because it was on the second page of their credit card disclosure agreement.... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 28, 2023

Texas doesn't care what Maryland says, and if this was a trial court, no other judge in Maryland would care, either.

1 Answer | Asked in Consumer Law, Banking, Landlord - Tenant and Small Claims for Texas on
Q: I accidentally sent a Zelle payment of $1,700 to the wrong person. Can I sue to get it back?
John Michael Frick
John Michael Frick
answered on Jun 22, 2023

Yes, you can sue the person that you wrongly sent the Zelle payment to to get it back. At common law, this type of action was called "assumpsit." Now, it is clumsily called "money had and received."

2 Answers | Asked in Banking for Texas on
Q: I have to let my car go due to a blow out engine. But now tthey are saying they will come tow my 2nd car because of this

Can I refinance my 2nd car to another bank before they can do this? Even though I’m caught up to payments.

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

My previous answer, of course, assumes that there is a valid agreement cross-collateralizing the loans. Your security agreement would have to include such a provision. Typically it would say something like "any collateral pledged to secure any obligation of Borrower shall also secure any... View More

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1 Answer | Asked in Banking and Consumer Law for Texas on
Q: Will taking me off as an auth user on cr-cards my husband opened without my knowledge remove them from my credit report?

I'm looking at divorcing my narcissistic husband. I need to know if his bad credit card habit is going to continue to drag down my credit rating and if I'm going to be stuck paying them. The cards were obtained without my knowledge, and he named me as an authorized user. Our finances are... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

There is a difference between having a joint credit card and being an authorized user on someone else's credit card.

With a joint credit card, two (or more) individuals agree with the company issuing the credit card to be jointly responsible for all charges made on the credit card....
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1 Answer | Asked in Consumer Law, Contracts and Banking for Texas on
Q: auto dealer told me finance company required me to get service contract and gap insurance to get approved for loan.
John Michael Frick
John Michael Frick
answered on May 11, 2023

That sometimes happens, especially if you cant put a big enough down payment to cover the depreciation in value of the car over the term of the loan

1 Answer | Asked in Consumer Law and Banking for Texas on
Q: What can I do about a bank not giving me access to my money for two weeks and causing me to possibly lose my job?

The bank cancelled my card following a transaction dispute but did not issue a virtual card that can be linked to cash app or Google pay so I can't still have access to my money. They issue a virtual card that only be used online which also is declined every time I try to make a purchase. I... View More

John Michael Frick
John Michael Frick
answered on May 11, 2023

Go to the bank and withdraw the funds on deposit.

Then go to a different bank and open a new account

2 Answers | Asked in Banking for Texas on
Q: Does a parent with a joint account with their child have legal rights over the teens finances?

The teen works a job and receives income, and the parent is threatening that it is not their money, but is the parents.

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

One parental right specifically stated in the Family Code is “the right to the services and earnings of the child.”

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1 Answer | Asked in Banking, Elder Law, Health Care Law and Estate Planning for Texas on
Q: My brother is in control of my trusts. Power of attorney over my bank account. How do I get rid of power of attorney?

He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.

John Michael Frick
John Michael Frick
answered on Apr 18, 2023

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as...
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1 Answer | Asked in Banking, Civil Litigation, Identity Theft and Estate Planning for Texas on
Q: (Texas law)I am disabled physically and my sister had taken over my trust how could i file charges and get my trust back

Halen is the wills name my grandmother left me this. In the will that was probated in 72 it says my estate will be left to (myname) as i was the only child when she died. in the estate it includes around 45k acres of land 5-15 million dollars and in 89 my father was my estate guardian and got... View More

John Michael Frick
John Michael Frick
answered on Apr 8, 2023

The settlor of the trust (in this case, your grandmother) chose the trustee and any substitute trustees in the event her first choice (presumably your father) does or is removed for cause. From your question, it sounds like your sister was the first substitute trustee selected by your grandmother.... View More

1 Answer | Asked in Family Law, Banking, Insurance Bad Faith and Small Claims for Texas on
Q: What to do if ex won’t endorse a two person signature check for an insurance claim where they were the co-signer on car

Ex lives on the opposite side of the country and is spiteful and won’t endorse a claims check made out in both our names cause they were on the car title as well unbeknownst to me. The check was sent to me but in both names and car insurance won’t change it. It’s my vehicle that I made all... View More

John Michael Frick
John Michael Frick
answered on Apr 3, 2023

Most divorce decrees contain a provision requiring each of the divorcing spouses to execute necessary instruments to effect the property division contained in the divorce decree.

You may be able to secure an order from your divorce court compelling your ex to endorse the check.

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