Questions Answered by D. Nathan Davis

Q: my husband has a mortgage in his name only in sc. Am i responsible for the mortgAGE if he defaults on the loan

1 Answer | Asked in Foreclosure and Real Estate Law for South Carolina on
Answered on Apr 16, 2019
D. Nathan Davis' answer
The real issue is whether you are on the note or guaranteed the loan. If you did agree to be liable for the debt, then, you would be liable. Usually, if a spouse is not on the mortgage they are not on the note or otherwise guaranteed the loan.

Of course, in any foreclosure, the lender will first have to sell the property and only if there is money still owing after the real property is sold will the issue of liability for any portion of the debt be established.

You need to...

Q: Hi, I wanted to ask a question about foreclosure.

1 Answer | Asked in Foreclosure for South Carolina on
Answered on Mar 25, 2019
D. Nathan Davis' answer
First, since your check never cleared it would appear that the check was not received. Simply putting a check in the mail is not enough when you are behind this much on your mortgage. You needed to call the lender and make sure that money was received. You also needed to make sure that you sent the correct amount.

You have been served with and Summons and Complaint. You need to answer the complaint within 30 days of when you received the complaint. If you fail to respond, you will...

Q: what kind of attorney would I need if my house & land go up for sell April 1st

2 Answers | Asked in Bankruptcy and Foreclosure for South Carolina on
Answered on Mar 25, 2019
D. Nathan Davis' answer
It is possible that an attorney could file a motion to reconsider and set aside the sale. That is not very likely particularly with the short period of time you have until the sale occurs. You probably need to hire an attorney who is familiar with bankruptcy laws. You may be able to file bankruptcy to stop the sale, however, you will have to have sufficient income to make payments which may be larger than the original mortgage payment.

You need to meet with an attorney to determine...

Q: Can a credit card company take your home if they file a judgment against you in the state of South Carolina

1 Answer | Asked in Consumer Law and Collections for South Carolina on
Answered on Mar 18, 2019
D. Nathan Davis' answer
The answer is a little dificult because the answer can change based upon the facts. The creditor must first sue and obtain a judgment against you. Once the judgment is obtained, it becomes a lien against the property for 10 years. Most of the time the creditor is not going to do any more than this. Since the judgment is a lien against the property, you cannot sell or mortgage the property unless you resolve the judgment by obtaining a release of the property or paying off the judgment....

Q: How do you get a UCC lien from a shady company with a history of lost cases and tons of BBB complaints terminated?

1 Answer | Asked in Consumer Law for South Carolina on
Answered on Mar 14, 2019
D. Nathan Davis' answer
The only way to get a UCC terminated is to get the company that put it on to terminate the UCC statement. If the company refuses to terminate it, you can sue the company and get a Court order to terminate the UCC. These are filed in the Office of the Secretary of State and this Office cannot do anything to terminate a UCC without the company filing a termination statement or a Court Order from a Judge.

Q: Can a surviving spouse also claim their deceased spouse’s homestead exemption in SCarolina bankruptcy ?

1 Answer | Asked in Bankruptcy and Consumer Law for South Carolina on
Answered on Mar 11, 2019
D. Nathan Davis' answer
The estate of a deceased spouse can now claim an exemption for a property used as a residence prior to the spouse's death. What is unclear is how long that exemption can be claimed and how much the exemption actually is worth. The statute that was passed used the original exemption amount. No one is sure if the amount would be the present amount for a person who is living.

You need to meet with an attorney who can advise you further in this regard. Creditors are likely not...

Q: where do I go & how to get copies of bankruptcy discharge papers and proof bankruptcy is cleared.

2 Answers | Asked in Bankruptcy for South Carolina on
Answered on Mar 5, 2019
D. Nathan Davis' answer
The easy answer is if your attorney who represented the debtor is in business, go to him or her. If you cannot find that person, you could contact another bankruptcy attorney in your area and he or she could go online and get the papers for you. They would, of course, charge you something for the time and expense of doing this.

Finally, you can contact the Bankruptcy Court in Columbia, SC and talk to them and they will walk you through the process of finding the documents you are...

Q: Trying to work w/bank on lowering payments on motorhome so affordable. bank won't. letter cure default. what can bank do

1 Answer | Asked in Consumer Law for South Carolina on
Answered on Mar 3, 2019
D. Nathan Davis' answer
The bank has no duty to lower payments. Once the time runs to cure the missed payments, the bank can then take action to foreclose on the lien. If there is a foreclosure, the bank will sell the motorhome and if it sells for less than the payoff, they may come after you for the deficiency.

Q: I live in horror county Sc. Sheriffs judgment $2,200 against me. From a personal loan

1 Answer | Asked in Consumer Law, Civil Litigation and Collections for South Carolina on
Answered on Mar 3, 2019
D. Nathan Davis' answer
A judgment is a finding by a court that you owe money to someone. If you have assets, the sheriff can levy against the assets to collect the judgment. Based on what you are saying about assets and income, you probably qualify for legal aid.

The sheriff will ask you to pay the judgment, however, you can tell the sheriff that you cannot pay the debt. You have exemptions under South Carolina law that probably protect all of your assets against a collection. Wages cannot be garnished...

Q: Can a car dealership hold a title and accept payments on a vehicle without financing through a bank or loan company

1 Answer | Asked in Consumer Law for South Carolina on
Answered on Jan 20, 2019
D. Nathan Davis' answer
Many car dealerships hold titles and have payments made directly to them. This is more common when purchasing a used car than a new car. There is nothing illegal or improper with the car dealer holding the title and taking payments provided that the dealer has properly registered his loan business with the proper agency.

Usually, when a car dealer holds the title and takes payments, the interest rate is much higher than from a bank or credit union.

Q: When you receive a registered letter from sc law what does that mean ?

1 Answer | Asked in Consumer Law and Criminal Law for South Carolina on
Answered on Jan 10, 2019
D. Nathan Davis' answer
Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a criminal investigation, you need to remember that anything you say can and will be used against you.

Q: We got a discharge under chapter 7 in July 2011. Wells Fargo let us stay in our home. No reaffirmation. Can we sell w/o

2 Answers | Asked in Bankruptcy for South Carolina on
Answered on Sep 2, 2018
D. Nathan Davis' answer
As long as you can get enough to sell the home and pay off WF, you can sell the home.

You need to confirm that the house was abandoned in Chapter 7 by the Trustee. Once the Trustee abandons the property, the only issues will be between you and Wells Fargo and any other creditors who may have a lien on the property such as a judgment, HOA, second mortgage or other liens that will go through a bankruptcy case and still be attached to the real property.

Q: As a Defendant do I need to answer a Rule to Show Cause that the Plaintiff requested from the lender?

1 Answer | Asked in Civil Litigation for South Carolina on
Answered on Aug 13, 2018
D. Nathan Davis' answer
Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show Cause is both an Order to Appear for which you could be sanctioned for failing to appear and to respond to a specific question of the Court.

You really need to review the Rule to Show Cause...

Q: I live in South Carolina and I voluntarily surrendered a car in 2013 and now I am being sued by a debt collector.

1 Answer | Asked in Consumer Law for South Carolina on
Answered on Jul 11, 2018
D. Nathan Davis' answer
There is an ongoing dispute regarding which Statute of Limitations applies There is a 3-year Statute of Limitations for consumer debt, but, there is also a 6-year statute of limitations if the debt was the result of a contract. A case went up on this, but, the SC Supreme Court refused to rule on the issue and sent the case back for further hearings.

There is no question that the defense is an affirmative defense in SC and you must file an answer asserting the defense of Statute of...

Q: Is it legal for a mortgage company to enter a home w/out consent? They say the home is in “pre-foreclosure”

1 Answer | Asked in Consumer Law and Real Estate Law for South Carolina on
Answered on Jul 5, 2018
D. Nathan Davis' answer
No, a mortgage company should not enter a property unless it appears to be abandoned or unoccupied. The rule is that the mortgage company has the right to protect its collateral. Of course, the mortgage company is going to claim that they did not think the property was occupied.

The mortgage company will sometimes even change locks when the property is not really abandoned. You can sue the mortgage company for trespass to property, however, it is sometimes difficult to get a...

Q: Can Military retirement levied from a bank account after a judgement in SC. It's consumer debt only. (Not VA disability)

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for South Carolina on
Answered on Jun 14, 2018
D. Nathan Davis' answer
Section 38 U.S. Code § 5301 clearly states that military retirement is exempt from levy by most creditors. A credit card debt is not one of the creditors who can levy on retirement pay. The issue is that some states will allow the levy if anything else is in the account such as spouse's money, a part-time job etc.

Once the money is taken, it is always hard to get it back. You may want to send a letter to the attorney for the creditor who obtains the judgment advising them that...

Q: We had a company come to the house sell us a $7500 water softener installed now they want $1900 to take it out 2 days la

1 Answer | Asked in Constitutional Law, Consumer Law and Small Claims for South Carolina on
Answered on Jun 12, 2018
D. Nathan Davis' answer
If the system was not properly installed, you should demand that the company repair the system before you pay any additional money.

If you are not able to obtain satisfaction with the company, be sure to make sure that the company you used is licensed to work where you live. Unlicensed contractors cannot sue and demand payment in South Carolina.

You can also file a complaint with the South Carolina Department of Consumer Affairs and it will investigate the company if it not...

Q: I have a loan against a CD and I was wondering if I claim bankruptcy will they take the CD? South Carolina

2 Answers | Asked in Bankruptcy for South Carolina on
Answered on Apr 9, 2018
D. Nathan Davis' answer
The lender will offset the amount owed against the CD. The reason the bank accepted the CD was so it could ensure that it would be repaid at least the amount of the CD.

It is possible that the assignment was not done properly, however, that would be a long shot and should be reviewed by an attorney.

Q: How do i get a chapter dissmissed without using a lawyer

1 Answer | Asked in Bankruptcy for South Carolina on
Answered on Apr 2, 2018
D. Nathan Davis' answer
If you request that the case be dismissed, the Court will usually grant the request. If you had an attorney help file your case, that attorney is your attorney until the case is dismissed or the attorney is relieved from representing you.

You can write a letter to the Clerk of Court for the district you are in and they will usually process the request. If there are assets that could be paid to your creditors, you may not be able to get a Chapter 7 case dismissed.

You...

Q: If you are paying on an agreed amount on a debt can they legally put a judgement after the agreement was made?

1 Answer | Asked in Civil Litigation and Consumer Law for South Carolina on
Answered on Mar 26, 2018
D. Nathan Davis' answer
The answer is, it depends. The creditor may have already had the judgment recorded when you entered into an agreement to pay them. You may not have had as a part of the settlement an agreement that no judgment would be entered against you. (An attorney may have saved you from this issue.)

I realize that you are saying the judgment was entered after you entered into the settlement, however, sometimes the clerk's records have incorrect dates on them

You need to go back and look...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.