Anthony Marvin Avery's answer Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Anthony Marvin Avery's answer Generally the SOL of 6 years will begin from your first default under the Note. Then after Judgment, the Creditor will have 10 years to collect unless it is extended. If they are just now suing,. hire a competent attorney to plead the SOL.
Bennett James Wills' answer General sessions court civil warrants do not require a "written" response UNLESS it is on a sworn account, which it probably is since Portfolio Recovery is a debt buyer. Tennessee has a sworn denial form here https://www.tncourts.gov/node/1436225 which you can fill out and file ahead of time. The important thing is that you appear in court to contest the claim. You may also want to hire counsel. If they fail to show that you owed any money to the original creditor, fail to show chain of title,...
Anthony Marvin Avery's answer You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of the Tennessee Department of Commerce and Insurance should be filed. You should have never hire a Surveyor to determine Title Ownership of Real Property. If the Wills you have were not Probated,...
Leonard Robert Grefseng's answer The real estate agent is a fiduciary- this relationship has a strict duty of loyalty and good faith. This conduct should be reported to any supervisory contacts ( the managing broker at the agency in question) and possibly to the state real estate licensing board. Consult a local real estate attorney to determine if your listing agreement has been breached such that you can terminate the agency.
Anthony Marvin Avery's answer You knew that there were problems with that kind of property to start with, so why did you not hire an attorney to do a title search? Well you have to search both titles now in order to prepare for suit. Did you sign a Contract of Sale? The website probably has no liability. Each and every detail of your communications with a Bank representative needs to be set out now. A Fraud Suit in Federal Court may be in order and may be your only remedy, but then you may have misread site....
Anthony Marvin Avery's answer Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.
Mr. James Charles Wright's answer The below link should take you to the Tennessee Courts website. Unless the judgment set out an interest rate the rate for post-judgment interest for a Judgment in September 2012 would have been 5.25%
Don Himmelberg's answer Yes - returning the stolen item does not "cancel out" the original crime of theft. Returning the stolen item can affect what charges you would face. For example, if you stole a car and tried to "Get away with it," you could face felony theft charges (assuming the car was worth more than $500); however, if you stole your neighbor's new Porsche and took it for a spin around the block before returning it, you may 'only' face joyriding charges, which is a misdemeanor
Peter Munsing's answer If they knew or should have known, that's one issue. Check the VIN number and get a carfax report. They could have. Your better claim may be through the State AG's office of Consumer Affairs.
Don Himmelberg's answer If you are facing criminal charges, you should consider calling a criminal defense attorney. Even theft of goods under $500 is a Class A misdemeanor in Tennessee, and can carry up to 11 months and 29 days in jail and a $2500 fine. A defense attorney will be able to advise you of your rights and recommend the best course of action
Leonard Robert Grefseng's answer Filing for bankruptcy relief will stop all other court proceedings, at least for a short period of time. Consult the bankruptcy lawyer as soon as possible for more specific advice- there is more than one type of bankruptcy and there is also some expense for that filing- your situation is more complicated that can be addressed in this question - answer format.
Bennett James Wills' answer Unless you have a valid defense to the debt or wish to challenge it; there's a chance you will lose and end up with a judgment against you. You would not have to pay it all at once, per se, but the creditor can levy your bank accounts and garnish your wages. You would also have an option to file a slow pay motion if you wanted. There's no "plea" since it is not a criminal proceeding - but you would have the opportunity to discuss the issues with the creditor's attorney and maybe resolve the...
Marjorie A Bristol's answer What does the contract say? Have they sold the items? Are they objecting to the time it would take to go through the merchandise to pull them out? You may want to contact an attorney to review the contract and advise you what your next steps should be.
Michael Gerity's answer If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to wait until the application gets published for opposition, and then file an opposition with the Patent & Trademark Office.
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