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...Read 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... Read more »
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.
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.
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...Read more »
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...Read 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... Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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.
Home flooded last year wasn't aware of court date. It a he saiid she said. I lost since I wasn't at court date. Received sherrifs judgment against personal property. I am a single mom of 2. Made $20,000 last year because of the hurricane. I rent. All I have are household items. Can not afford... Read more »
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,...Read more »
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...Read more »
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...Read more »
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...Read more »
I am a Pro Se Defendant that did not file an answer, but filed a Motion for Dismissal. Plaintiff filed a Rule to Show Cause as ordered by the Court as I am saying they need to prove "Chain of Custody" The original lender went BK so they are running a Publication and have filed an Order of... Read more »
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...Read more »
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...Read more »
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.
If I retired from the Military and get a judgement against me for an unpaid credit card, can the money be taken from my bank account? This is not VA disability it's a military retirement pension paid monthly. I have consulted many lawyers and received conflicting opinions.
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,...Read more »
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