what do we have to do to protect ourselves?
You can do one of at least two things:
1. You can foreclose, probably not the bet move
2. You can invite the debtor to enter into a reaffirmation agreement which will allow the obligation to continue on uninterrupted, which is preferred
You need to review the bankrtupcy... Read more »
A judgment was filed against me in 2014. I was unemployed and could not pay the credit card. I am now living only on Social Security. The original card owner was my husband but I used the card. The court documents show his social security number as mine. When I tried to call the collection agency... Read more »
This is impossible to answer without reading the entire file. If jurisdiction was not properly invoked, or if you weren't a named defendant, or "if" a host of other issues exist you may not be liable. Social Security numbers have little if anything to do with debt, and almost less to do with... Read more »
It is my practice to provide my client with a digital copy of everything we produce and everything we receive. If he cannot receive digital cxopies, then they are mailed in hard copy.
I cannot understand why there is an issue with providing you copies, but if it persists, go to the clerk's... Read more »
Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.
What is your question. The facts sound pretty grim
All our finances/debt are separate and the home loan is solely in her name (I'm only on the deed of trust). I have a large amount of debt that I can't pay on my own and can't barely manage with both our incomes. All un-secured debt (no car loans, installment loans, etc...). Wanting to know if... Read more »
You facts are incomplete if you want a definitive answer. Do you and your wife appear as the owners on the deed? If you do, you are tenants by the entireties and that property is exempt under the Florida Constitution. By the way, we don't have deeds of trust in Florida.
Go see a good... Read more »
Check the BK rules of procedure. I think it is 14, but don't guess. Know for sure. You can download the rules easy enough.
d
Began Chpt 13 bankruptcy payments nearly a year ago. Subsequently, the VA awarded me 80% disability payments retroactive to before I filed bankruptcy. I'm 74. I posted this question before, and the two lawyers that responded said this income could not be claimed by the trustee to satisfy creditors... Read more »
It appears to me that ALL VA benefits are exempt under Section 222.201, Florida Statutes which reads
222.201 Availability of federal bankruptcy exemptions.—
(1) Notwithstanding s. 222.20, an individual debtor under the federal Bankruptcy Reform Act of 1978 may exempt, in... Read more »
Provided she meets that qualifications of the proposed lender there is nothing that prohibits her from buying a car for which the loan is in her name only.
Good Luck
d
Yes, and you may be ale to get car back if you act quickly. Hire a lawyer
I agree with my colleagues.
You do need competent counsel to do either a 7 or a 13, but particularly a 13.
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