QUESTION

What should you do if a financial institution won't give access to your own money for months because of a "software glitch"?

Asked on Jan 26th, 2015 on Corporate Law - California
More details to this question:
My husband and I have our investment savings/trading account that I will keep anonymous for now. We have a significant amount of money in this account. For the past 6 months they have given us issues with wiring our own money from the account. For the past 3 months we haven't been able to transfer ANY of our money... resulting in credit card interest and possibly losing a house that we just bought because they are not wiring the good faith deposit that is due yesterday. They say it is a computer glitch that is affecting 8 accounts, us being one of them. We have been on the phone with exec after exec who apologizes, but we never get our money. They have offered 15K in compensation for the accruing interest on credit cards and the inconvenience... That's nice and all, but we NEED OUR MONEY. PLEASE ADVISE...
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Your money is gone. There is no such thing as not being able to access money. It's just an account in their records. If nothing else, they should be able to access it the old fashioned way, by sending you a check, preferrably a cashier's check. They have their own funds. They should pay you from their own funds or line of credit, and reimburse themselves from your account when they "fix" it. The fact that they haven't given you your money from their own funds or LOC is why I don't think your money is there. If you took this up with the SEC, they might shut them down and take over, but that won't get you your money. Ask them when you can come by to pick up a check. If they're in another town, they can send it to you by FedEx. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Jan 26th, 2015 at 5:04 PM

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