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Questions Answered by Lynn Ellen Coleman
1 Answer | Asked in Foreclosure and Real Estate Law for North Carolina on
Q: What can I do if my home was foreclosed and sold while my HAF application was pending? Can it be sold before the notice?

From Jan 2020 to Feb6 2022 we consistently contacted the mortgage servicer to get help to save our home. We applied over and over for a forbearance, loan modification, deferment, asked for payment plans, you name it we tried it more than once and were denied everytime. We waited months for the... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 21, 2022

There are some facts missing from your description. Were foreclosure notices posted on the door and/or received in the mail? Did you attend the hearings and let the Clerk know you had an HAF application pending? Typically, the Clerk will grant an continuance of a foreclosure hearing if he/she knew... Read more »

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 16, 2022

You can always include taxes in a bankruptcy. The question is, will all or part of the tax debt be dischargeable? That depends upon whether or not you filed tax returns for those years and when the taxes were assessed. You should contact an expreienced bankruptcy attorney for a personal... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: I’m trying to refinance my car loan and the person that co-signed for me will not sign the release form
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 27, 2022

Unfortunately, you cannot compel your co-borrower to cooperate with refinancing the car. I assume their name is also on the title. This means they own half of the car, and are equally liable for the loan payments. You also cannot compel them to sign any paperwork to sell the car if they do not want... Read more »

1 Answer | Asked in Consumer Law and Collections for North Carolina on
Q: I'm being sued by a debt coll There is one account# on the complaint and An alternate account # was used as evidence.

The file from orig creditor has the account# in the complaint & an alternate account#. There are statements attached for each account. Can I be sued for both accounts if only one is named in the complaint? There is no evidence on how the other account# came about and the credit card agreement... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

You can be sued for anything - the question is, how much do you really owe? An attorney definitely needs to review your paperwork. The difference in account numbers and incorrect credit card agreement may give you legal defenses. It is the creditor's burden to prove that you owe a certain... Read more »

1 Answer | Asked in Consumer Law and Small Claims for North Carolina on
Q: If someone received a mislabeled package that was intended for someone else in a different state, is it larceny?

Sold an item on eBay to a recipient in Ohio, but the item was mislabeled and sent to a previous customer (Facebook marketplace) in North Carolina. The NC person reached out to me over facebook messenger stating they have the package. They initially agreed to send it out to the correct person... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 26, 2022

If the name on the label was theirs, this is most likely not a crime. You mistakenly labeled the package. You could always try and file a police report, Depending upon the value of the item you may choose to sue the party in small claims court. The lawsuit would have to be filed in the county where... Read more »

2 Answers | Asked in Bankruptcy, Estate Planning and Collections for North Carolina on
Q: When being pursued for a debt outside of bankruptcy in NC, is the vehicle exemption doubled when married.

The vehicle is jointly owned with rights of survivorship.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 12, 2022

The debtor spouse can exempt (protect from creditors) up to $3,500.00 equity in one motor vehicle. For a jointly owned vehicle, you take retail value (not trade in), subtract any outstanding liens, and divide the remainder by two. If there is any "wild card" exemption remaining, up to... Read more »

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1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for North Carolina on
Q: My dad passed away and was paying a mortgage, his brother lived there. Does the house go to us or the brother?

original family home relatives lived there didn’t pay mortgage, house went into foreclosure my dad bought it out of foreclosure and started paying the mortgage and lived there with his brother. My dads brother didn’t pay anything and now says house is his, everything was in my late fathers... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 7, 2022

Did your father leave a will or not? You need to go open an estate for your father if one has not already been opened. If the deed was only in your father's name, the house passes to whomever he left it to in his will, or if there was no will, it passes to his heirs. If there is no will and... Read more »

2 Answers | Asked in Bankruptcy and Collections for North Carolina on
Q: What is a creditor's next move after they get a judgement against me? I live in NC.

My house is protected by TBE. My wages are protected from garnishment. I bank in a Deleware only Bank. I have 2 jointly owned cars. One with a loan equal to the value. The other has equity but is equal to the amount protected by state law. I have hardly any possessions. Nothing worth anything.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Apr 3, 2022

The next step is the creditor serving you with a "Notice of Right" to have your exemptions designated. Youw ill have 20 days after the date of service to file your "Motion To Claim Exempt Property" to claim your exemptions. There are no extensions of time allowed for this and if... Read more »

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1 Answer | Asked in Collections for North Carolina on
Q: I executed a new deed adding wife a year ago in NC. Can an unsecured creditor of my wife attach a lien or sever the TBE?

The debt was incurred while we were married but before adding her name to the house. The debt is a credit card. I plan on settling with them but in the meantime I don't want our house to be in jeopardy.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 30, 2022

If the house is titled in both husband and wife names as "tenants by the entirety" or "as husband and wife", a judgment for money owed is not a lien on the property so long as the non debtor spouse is alive. Without seeing the deed itself, this is just general legal advice. If... Read more »

1 Answer | Asked in Consumer Law for Virginia on
Q: Do I have grounds to sue a vehicle dealership for failing to deliver a valid title to the DMV?

Hi! I am having an issue with a vehicle dealership in VA not sending the NCDMV a corrected title. The original title sent at purchase omitted the VIN number. NCDMV sent them a letter in March 2021 requesting a corrected one and they still have not. I have called and emailed them with no response. I... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 26, 2022

You need to consult a qualified consumer law attorney in Virginia about this. If the vehicle were purchased in North Carolina it would be subject to NC DMV fraud and licensing bureau for car dealers. I suggest filing a complaint with the Virginia equivalent of North Carolina DMV theft or car dealer... Read more »

1 Answer | Asked in Foreclosure for North Carolina on
Q: My Husband and I owner financed a house and the new owner is behind 5months in his payments. Can we take the house bac

what do we need to do to forclose?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 10, 2022

Unfortunately, this question is impossible to answer without reviewing your contract for sale and owner finance. You may be able to do a "non judicial" foreclosure, which means a Special Proceeding is filed with the Clerk of Court. Or, you may have to file a "judicial"... Read more »

1 Answer | Asked in Banking and Consumer Law for North Carolina on
Q: Can I sue a finance company for not reporting my loan paid in full for over 2 years ago which is effecting my credit

My credit score debt to ratio and mortgage loans

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 4, 2022

The first thing you need to do is send a dispute letter to each credit bureau enclosing your proof that the loan is paid in full. Access your credit reports at www.annualcreditreport.com those credit reports will have the address to send your dispute to. Send the letter certified mail so you can... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: What do I do of I received notice from district court for a Motion for Summary Judgment?

County is Mecklenburg,NC. Attorney representing Discover Bank for the amount of ~$2400. I have not paid on this for over 2 yrs due to financial hardship but debt is legitimate. Originally when I received communication from court, I filed an answer, but ever since then, I have received periodical... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Mar 3, 2022

Thee is no wage garnishment for a judgment of this type in North Carolina. You have to file an Affidavit stating contested facts in order to keep from losing a Motion For Summary Judgment. It sounds like you can't honestly contest any of the facts. It won't do you any good to appear at... Read more »

1 Answer | Asked in Collections and Small Claims for North Carolina on
Q: I am trying to file an Application and Order for Extension of Time to Answer in Fayetteville nc (Cumberland County) ?

Im honestly confused do i go to the court house to fill out a form i cant find anything online?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 27, 2022

There is no official NC Courts/Administrative Office of the Courts "form" for this application. Check with the Clerk of Court, some clerks will give you the form over the counter. Otherwise, you will need to get it from Legal Aid or a local attorney. Reaching out to a local attorney is... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Probate and Small Claims for North Carolina on
Q: I executed a new deed adding my wife to the house. 7 months later I'm getting sued by a creditor. Was this fraudelent?

We live in NC. I never knew that tenants by the entirety existed until after we executed the deed. I added her name because I'm significantly older than her and thought it was probably a good idea. We were dating when I bought the house. We have had a joint bank account since before the... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 15, 2022

I agree with Mr. Corcoran. It certainly would not hurt you to have a personal consultation with an attorney about your overall financial situation and obtain advice on defending the collection lawsuit. If you try and handle the lawsuit yourself, you may miss out on some legal defenses because you... Read more »

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1 Answer | Asked in Consumer Law for North Carolina on
Q: What motion would I file in civil lawsuit by debt collector to avoid answering interrogatories.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 6, 2022

Why do you not want to answer the interrogatories? There is no motion to avoid answering interrogatories at all. Interrogatories are a legitimate discovery tool. The proper procedure is to answer the interrogatories, but state your objections to the specific questions that you feel are irrelevant,... Read more »

1 Answer | Asked in Consumer Law for North Carolina on
Q: Refile dismissed motion or something different?

I was sued for collection on an account I defaulted on. I answered the complaint and filed a motion to dismiss and compel arbitration. The plaintiff filed for a hearing today at 9:30. I got the schedule and my case was scheduled at 10:30. When I arrived at the courtroom my hearing had already been... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 31, 2022

You can refile the same motion. Talk to the Clerk's office before filing it to see if you have to pay the Motion hearing fee again. If you have to pay another fee to request a hearing on the new motion, I suggest calling it an "Amended" Motion just to keep things straight. Good luck.

1 Answer | Asked in Consumer Law for North Carolina on
Q: Does that law make them legally married, though? I’ve heard both yes and no, but nothing official.
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 19, 2022

Please delete this question and post mre details. What law are you talking about and what facts are you asking about? You have not given us anything to base an answer on.

1 Answer | Asked in Collections for North Carolina on
Q: Does waiting for surgery in a nursing home constitute normal place of residence

A person has been waiting for surgery for nine months. For one month he was unaware that his fractured hip surgery had become undone. He saw a trauma surgeon at a tertiary and he was advised of this separation and was referred to adult reconstructive surgery, he has to wait three months to see a... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 11, 2022

Rule 4j requires the summons and complaint be served either directly to the person or left with somone of suitable age and discretion at his "dwelling place or usual place of abode". Due to the person's length of time staying at the nursing facility, I think this would be proper... Read more »

1 Answer | Asked in Consumer Law and Business Law for North Carolina on
Q: Is this legal?

I recently hired a small cleaning service to deep clean my home and paid a $213 deposit. No contract was signed. The Monday prior to my Thursday appointment my family tested positive for covid. I contacted the business immediately. The owner has said that since she can’t find another appointment... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jan 6, 2022

Is it illegal as in the cleaning service can be charged with a crime? No. It's a dispute over the terms of a verbal contract. You say you were never told the deposit was non refundable. They say you were. With nothing in writing, this is a "he said, she said" situation with no... Read more »

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