Old Bank Records

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Latest post 11-24-2006 8:21 PM by adjuster jack. 6 replies.
  • 11-21-2006 11:29 PM

    • jplata
      Consumer
    • Top 200 Contributor
    • Joined on 06-08-1999
    • Posts 189

    Old Bank Records

    I need to find out if I wrote a check from my account in 1993. The bank where I had my checking account no longer exists, it merged with another bank and that bank was taken over by Wachovia.

    Do banks keep checking account records over ten years old of the banks they took over, and will I be able to get a copy of my check from Wachovia.

    Thanks.
  • 11-22-2006 12:13 PM In reply to

    re: Old Bank Records

    It's possible that those records could be on microfilm or in computer data storage someplace.

    Call Wachovia and ask.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-22-2006 6:24 PM In reply to

    re: Old Bank Records

    This isn't really a legal matter. Howsabout you contact the bank and ask??

  • 11-23-2006 6:25 AM In reply to

    • jplata
      Consumer
    • Top 200 Contributor
    • Joined on 06-08-1999
    • Posts 189

    re: Old Bank Records

    Actually my post is related to a legal matter, I need a copy of the check to prove I made a downpayment to a co-operative before I was married so the property would be considered pre-marital, it's crucial to my divorce case. My STBX is falsely claiming in court that she helped me pay for it before the marriage, although she only had five hundred dollars in her bank account and wasn't working at the time. So far I can't find a copy of the check in my closing records and my attorney didn't keep a copy either. The property was mortgaged and I do have records from the mortgage company. The co-op ownership certificate is in the my name only.

    I didn't call Wachovia yet, but I was thinking if they don't have the records, maybe I could contact the seller of the co-op to see if he has records of the monies he received from me at the closing.

    Thanks for responding, happy thanksgiving to all.
  • 11-23-2006 11:10 AM In reply to

    re: Old Bank Records

    I had a similar situation when I got divorced.

    I can't imagine why it would be crucial for you to show that you wrote the check.

    Your wife would still have a marital interest in the equity growth from the time you were married, most of which would have accumulated since then.

    If you were married shortly after you bought the place the pre-marital equity would be insignificant compared to the marital equity.

    Since the co-op is in your name the presumption is that you bought it and the burden of proof would be on her to show any pre-marital contribution.

    Do you have your own divorce attorney or are you going it alone?

    Does she have an attorney?

    Are you just in the negotiation stage or are you in court already?

    What state are you in?
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 11-24-2006 7:20 AM In reply to

    • jplata
      Consumer
    • Top 200 Contributor
    • Joined on 06-08-1999
    • Posts 189

    re: Old Bank Records


    'I can't imagine why it would be crucial for you to show that you wrote the check.'

    My attorney wants to see a copy of the check to prove it my STBX didn't contribute money to the property purchase.

    'Your wife would still have a marital interest in the equity growth from the time you were married, most of which would have accumulated since then.'

    My attorney wants to show that the downpayment
    and cash at closing came from a separate account that was jointly held between my mom and I. I might be mistaken, but I thought that property purchased before a marriage stays separate in NY.

    'If you were married shortly after you bought the place the pre-marital equity would be insignificant compared to the marital equity.'

    Yes, I was. The contract of sale was signed two months before the wedding and I'm not sure at this point if the closing was a week before or a week after the marriage. I don't know which date is more significant right now or if it matters at all since the money for purchase came from the joint account of my mother and I, and had nothing to do with my STBX.

    'Since the co-op is in your name the presumption is that you bought it and the burden of proof would be on her to show any pre-marital contribution.'

    That's what I thought, but my attorney said she is falsely stating that she gave me money to buy it, and he needs to prove it's not true.

    'Do you have your own divorce attorney or are you going it alone?'

    YES, family law attorney.

    'Does she have an attorney?'

    YES, family law attorney.

    Are you just in the negotiation stage or are you in court already?

    In Supreme Court, at the conference stage, I already lost my kids in family court, I have visitation rights, she filed abuse charges against me with many false allegations, and then dropped them, but a restraining order is still in force.

    What state are you in?

    NY
  • 11-24-2006 8:21 PM In reply to

    re: Old Bank Records

    "I thought that property purchased before a marriage stays separate in NY."

    True.

    And it's that way in every state.

    But only in that your name is on the title, you own it and you continue to own it.

    However, (and your lawyer can explain this to you) during the marriage, your wife is likely to have accumulated a financial interest in the equity growth that occurred during the marriage.

    You would likely have to pay her for that interest, either in cash, or it's equivalent in other assets.

    If you don't have the cash or other assets, then you would have to sell or refinance the house in order to pay her off.

    Divorce can be hell.


    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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