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Plaintiff referred to right to cure but had no submitted evidence of. Judge denied their motion for summary judgement. Now they are showing a right to cure but we've never seen such and don't believe we ever received. There is no supporting evidence that shows delivery. What are our options?
answered on Oct 7, 2024
Can you convince a judge and/or jury that the notice was not received? Normally, the right to cancel is actually signed by the debtor at the time the debt is incurred. Make the creditor provide a copy of the form since you do not remember receiving it. In real estate, the receipt is signed and... View More 
answered on May 26, 2024
Throw that notice in the trash. No one is going to award that kind of money to someone unless you are entered some contest. It appears that you do not recognize the company sending you this notice.
If you decide to contact them, they will quickly want you to send them money for handling... View More
The interest was compunded and they stated it would be about 5400.00 judgement
answered on Mar 23, 2023
In no uncertain terms, tell them that you do not owe the money. I am assuming that you have not made a payment in more than 3 years. Do not admit in writing that you owe or owed the money. The SC Statute of Limitations is 3 years but you cannot have made a payment or admitted in writing that... View More
I put a down payment on a vehicle and signed the paperwork but the car dealership created a fake driver’s license for me to get licensing which is what has made me not want the vehicle after concentration he kept telling me it’s legal and I wouldn’t get into trouble which is the only reason I... View More
answered on Feb 23, 2023
My initial answer is yes, you should get your money back. Even though you signed the contract, you never took possession of the vehicle. The reason should not be an issue. You never took delivery of the vehicle so one of the conditions to make the contract never occurred.
Another... View More
What do I file if a company ignores a Subpoena to produce documents by a certain date in SC? I am representing myself "Pro Se" because I can't afford the large attorney cost I was told and I make too much to qualify for help. The Company installed the flooring wrong and it is uneven... View More
answered on Feb 21, 2023
You will need to file a motion to compel and for sanctions if the company is ignoring the subpoena. This is done pursuant to Rule 11 and should get you the desired result. You need to send a letter threatening to file the motion to the attorney for the company.
Unless your case is in... View More
I went to Toyota dealer and asked about a specific vehicle that is showing online that it’s in transit, so after checking the salesman said that it would arrive on Thursday 29th of Dec, so I went ahead and sold my vehicle on Tuesday the 27Th and got a rental till the 29th and put a deposit 1000$... View More
answered on Jan 3, 2023
Legally, you may have a case against the dealer. The case is likely not worth pursuing using an attorney. The reason is that the damages you have suffered are minor. You can buy a different vehicle and mitigate your damages. A lawsuit is an expensive thing to pursue and any recovery is likely... View More
answered on Dec 16, 2022
If the creditor had a properly filed mortgage and money was still owed, the creditor can file a foreclosure action. If the foreclosure does not net enough to satisfy the amount owed, no deficiency can be claimed by the creditor.
Be sure to have a lawyer look at the mortgage and the... View More
answered on Dec 6, 2022
Which record are you referring to? I assume you are referring to property records. Of course, when the sale is completed, the property records will reflect that the property was sold and who the buyer was who purchased the property at tax sale.
The credit report will reflect that the... View More
The house has already been auctioned through the the court and the money paid to the courts and lawyers...and the surplus.... after ALL of it was paid has been ordered by the judge to be disbursed to me and only me... But where do I go to collect? Who do I need to speficially contact?
answered on Nov 1, 2022
You need to contact the person who conducted the sale of the property. This person may be called a Master, Special Referee, or Judge. There is a form you will need to file to claim the proceeds. The person conducting the sale may have the form for you to sign or you may have to obtain the form... View More
The SC department of revenue will be garnishing my state returns on behalf of the SC dept. Of unemployment, is there a statute of limitation?
answered on Oct 19, 2022
Whether the overpayment of unemployment benefits occurred because of fraudulent actions of the recipient may be in the eye of the Unemployment Agency. Generally, SC Code of Laws Section 41-40-10(5) states:
(5) Notwithstanding any other provision of this section, no action to enforce... View More
What is time limit for proceedings? We haven’t been allowed to make loan payment all those years bc proceedings were going on and mortgage company changed during this time.
answered on May 16, 2022
Before Covid, a case the Court would have struck this old. You need to check with the Clerk of Court to see if the case is still active. If you bring it to the attention of the Clerk of Court, the case may get struck.
If the case is struck, that does not mean that the issue is over. The... View More
We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... View More
answered on Apr 18, 2022
The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.... View More
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
answered on Apr 5, 2022
You have an interest in the property that went into effect upon your mother's death. You need to contact a bankruptcy attorney who can advise you what would be the best way to proceed. The laws of each state vary regarding what you need to do so the attorney you speak with should be... View More
bankruptcy was discharged over 10 years ago and now bills have started to come in again demanding payment. can they do this after the matter had been written off
answered on Jan 23, 2020
The answer will depend on the type of chapter and discharge you were in. Probably, you would have no personal liability, but, the lien on the property may have survived. Without more information, the answer is unclear.
You need to contact an attorney who understands the law to obtain... View More
my mom filled for bankruptcy. i am a cosigned on one of her personal loans. i am not filing for bankruptcy, but my name and info was put on her forms for this loan. after her meeting with creditors, will i have to take over those payments, or will this totally discharge it for me too? and will i... View More
answered on Nov 19, 2019
If you co-signed on a loan for anyone, you are liable for repayment if the person you co-signed for does not pay the debt. The creditor can and probably will come after you for any amounts it does not receive. Bankruptcy will not keep the creditor from coming after you.
answered on May 29, 2019
You must give your landlord a reasonable amount of time to repair the oven. You should probably give the landlord written notice if the oven is not repaired within a reasonable period of time, you will make the repair yourself and deduct the amount from the monthly rental payment.
You... View More
answered on Apr 19, 2019
Most lawyers will not consult with someone who is already represented by an attorney. If you feel the need to consult with a second attorney, you should advise your first attorney that you are doing this. Most attorneys do not feel threatened by such a request and actually expect the second... View More
answered on Apr 16, 2019
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... View More
Yes, lender sent me a letter on 25th of February that I was in default for past due paymens and to call them about reinstate amount. I knew what I was past due so I sent a check for 6,437 06 and mailed in on February 28th. I figured once got payment they would send me another letter letting me... View More
answered on Mar 25, 2019
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... View More
answered on Mar 25, 2019
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... View More
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