1) You file the MTC right after you file you answer.
2) If that is the agreement that was in force at the time of your loan, then it could be possible.
3) When a JDB purchases an account, they take the place of the OC and are required to follow the contract as if they were the OC, including any terms in the contract which might be beneficial to the debtor. The sale of the account simply changes who fills the shoes, not what their requirements are in regards to filling those shoes.
Finally, although you are worried getting through to 2022, the biggest worry should be getting to the end of 2019/beginning of 2020 because once you reach that, you cannot be sued anymore for the debts as PA has a 4 year statute of limitation. So in addition to getting the answer and MTC read for this case, I would start to get the agreements together for the other cards just in case they decide to come after you in the next couple of year.
I am 6 days from getting my Chapter 13 discharged. We had a second mortgage that was included in the plan, it was never filed by CitiFinancial but; Portfolio Recovery Associates purchased it. In March 2016, I received a letter stating that the 2nd Mortgage was forgiven and given a 1099C for the Secured part of this debt and the lien was removed from my home Title and Deed, PRA got paid 100%. Since I was insolvent at the time, I did not have to report the Secured 1099C.
Jump forward a year April 2017, my Chapter 13 case was closed and awaiting final cure from Wells Fargo for arrears and to confirm that I made all payments as required by the trustee. I decided to use my VA Home Benefit to make a new home purchase and sell the home I am in. Stopping by at the County Title and Deeds office, I was stunned to see the Lien Release paperwork, but the second mortgage and judgment still were enforced.
I was denied the loan for the home. Navy Federal Credit Union denied my loan along with 2 other lenders because of the judgment that is still hanging on like a friggin zombie! Isn't there a law that allows a debtor who has satisfied the debt and had the lien lifted from their property but the judgment was left to sue the creditor for damages? If so, is there an attorney who wants to join me in making an example and some money?
Well, he was right. Per your card agreement, the court lacked jurisdiction to hear Midland's lawsuit and should have stayed the lawsuit and ordered Midland to arbitrate. He seems to know nothing about how it works.