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Everything posted by Dragonchilde

  1. Okay, here's the deal. About two and a half years ago, my mother got behind on her mortgage, and the property started moving towards foreclosure. She was giving up, so my husband and I offered to take over. We contacted the loan company, but they were still waiting on the file to arrive in their offices. (The original paperwork, I assume.) They said they'd call us when they got it. We waited a month, no call. WE called back, still no file. Another couple of weeks, and they said they'd lost it, but could we send some money anyway? Hell no, no account, no money, capiche? So. There it stands. For two and a half years, there have been NO mortgage payments made. The last recorded anything on this debt was in 2001, when the mortgage itself was charged off. (from mom's credit report) The mortgage company itself has been sold twice, to land in the lap of Citifinancial. Somewhere along the line, they screwed up. After doing a little research online, searching the county records, I can find NOTHING that says they are even a creditor. There are two listings for the previous mortgage company, both of which say canceled, but nothing for Citifinancial. I'm having the deed faxed over this weekend. If everything's the way I'm thinking (They never filed a deed to secure debt, which is the prevailing theory), then my mother will be coming Monday to file a quit claim to me. Now. Here's the thing. Has ANYONE ever heard of something like this? Where do we go from here? The mortgage company has obviously screwed up, and now they may have a mortgage with no collateral, which may be why they never filed foreclosure. EDIT: Okay, I just pulled the most recent online copy of the deed to secure debt. There could still be something else on record, but these records are pretty up to date. There, notarized on July 24, 2000, is the following: "The debt which this instrument was given to secure, having been paid in full, this instrument is hereby cancelled and the clear of Superior Court of -omitted- County is here by authorized and directed to mark satisfied on record, this 8th Day of July, 2000" And it's notarized. Twice. I don't think the other mortgage ever actually filed a deed to secure debt!
  2. Not old enough for the SOL. Around two years, I think? The debts themselves are old as in from 1998, but I made payments on them for a couple of years.
  3. Okay, my debts have reached the point where I just can't pay, and I'm starting to get threatened with all kinds of dodgy legal or quasi-legal action. As much as I hate to, it's time for me to file bankruptcy. I don't know really how to go about it, other than just calling a lawyer. I have next to no assets (one vehicle, husband' primary, I'm cosigner) valued at around 10k. That's all. Otherwise, we literally have nothing. What do I need when I go talk to the lawyer? I'm a terrible record keeper, and 90% of my debts are old ones accrued in college, when I was a fluff-headed moron and didn't keep anything. My debt is less than $15k (I'm thinking lower than 10k, but I'm honestly not sure), but it might as well be millions for all I'm able to pay it. I can barely keep my lights on... how can I pay old credit card debt? Also, is there a minimum amount of debt you have to have to declare? We aren't that badly off (someone with about twice our income could pay this off in a year), but it is still all but impossible for us to clear. I'm in need of help here, and I'm completely, totally lost, and now I hear of these new laws that are going to make things harder, so I need to move on it, NOW.