lordreyrey

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lordreyrey last won the day on March 24 2012

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About lordreyrey

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    Nevada
  1. Hello everyone, I am no lawyer, I need advice. State: Nevada I have a couple questions, first some history. I co-signed for a family member to get into an apartment. Long story short, the apartment became infested with bugs, and he was in constant battle with the complex to get it corrected. When they finally had someone "spray," they left his place unsecure, and valuables were stolen. He filed a police report, and moved out abandoning the lease. We were sued mid August 2012 for a debt owed of over 3k for this lease. He got an attorney, and I filed an answer to the complaint myself. Since that time, the Plaintiff changed attorneys a couple of times.I received a few things in the mail regarding this case. The case was stale, until July 2014, when I received a notice of change of counsel again, along with a Motion to request discovery, and an Order for discovery. This "order" was delivered in my mailbox with no dates or signature from the judge. I have NOT received anything since July, until the 3rd of November when I received, in the mail, a Motion for Summary Judgment. Long story short, they are claiming they should win a judgment against me for not replying to the requests for Discovery, but I never received any!! Also, this motion does NOT list the date and time of the hearing either. It feels like they are trying to get money out of me, knowing that their original tennant has an attorney, and plenty of documentation against them. I have spoken to a couple of attorneys, and they just tell me that it will probably cost close to what I am being sued for because of fees. Here is where I need advice. 1. I am planning on filing an Opposition for their Motion for Summary Judgment tomorrow morning, where the basis of that opposition is the fact that I received no discovery request. Is this the good move, and is there anything I should add to that? 2. Two of their documents sent to me are missing information, no judge's signature or dates on the "order" for discovery, and no date and time on their Motion for Summary Judgment. Does this work in my favor? 3. What typically happens next in cases like this? Any help is very much appreciated.
  2. How does one interpret the Nevada Revised Statutes? For example, all the research I have done on Nevada Assembly Bill 273 states that the protections awarded in the new laws take effect after July, 2011. For sales after July 2001, etc. I am confused because if you read the statute, you read this: NRS 40.4639 Period of limitation on commencement of civil action. A civil action not barred by NRS 40.430 or 40.4638 by a person to whom an obligation secured by a junior mortgage or lien on real property is owed to obtain a money judgment against the debtor after a foreclosure sale of the real property or a sale in lieu of a foreclosure sale may only be commenced within 6 months after the date of the foreclosure sale or sale in lieu of a foreclosure. (Added to NRS by 2011, 1743) This says the SOL is 6 months on the second mortgage, but it says nothing at all about the July 2011 restriction. So I guess my question is does this statute offer protection to a sale in May 2011? Reading it at face value suggests yes.
  3. Hey guys,I found this: New Nevada law may or may not impact short sales | CALIFORNIA FORECLOSURE LITIGATION BLOG and this: Nevada Assembly Bill 273: Nevada Passes Legislation Adversely Affecting Lenders | The National Law Review Regarding Nevada Assembly Bill 273 This suggests to me that the SOL on the deficiency of the second mortgage is reduced from 6 years to 6 months. Also, If I am reading #2 on the second link correctly, then they CANNOT fle suit on the second mortgage after foreclosure if the money was used for purchase of the home. Am I reading all this correctly?
  4. For the OC, I called the Dr. Office and was told that unfortunately the debt had been sold to the JDB, and I had to go through them as they no longer handled the account. After that, I did what you are not supposed to do, and I called the CA. For me, I have already dealt with them in the past and won, and I planned to pay them, so I called them. They were very friendly, shockingly, and agreed to the PFD. I drove down there immediately and paid cash, and they gave me the letter....done. Since you plan to pay, you can give them a call and tell them you did not know you owed this debt, but you would like to take care of it in full in exchange for it being removed from your credit reports. When you go down to pay, bring cash or a money order, and make sure you get the letter stating delete or remove signed and dated before you hand them a dime. Good luck.
  5. Do you have any new information for them to investigate? They will not continually investigate the same thing over and over without new info. If you have something new, like a letter of deletion perhaps, I would send that in with your dispute.
  6. Handling it through the OC is the best route to go, but a lot of the time they will tell you that you have to go through the collection agency since they have already sold the debt and washed their hands of it. Sometimes you get lucky. I would try them first. If the debt is something that you owe, and something you can afford to pay off, then offering to pay in exchange for delete is a good idea. Just make sure you are paying what you owe, and not some absurdly inflated number where they added on all kinds of "interest," and "late fees." For me, just yesterday my wife paid off a collection to a JDB that we didnt even realize we owed. It was a medical bill from when we had our daughter early 2011. We moved and the doctor didnt get our new address I guess. We called the doctor's office, but they told us we had to go through the collection agency. My wife called the collection agency, and they were more than happy to give us a letter of deletion in exchange for payment. The funny thing is that they are the same JDB that had their token attorney take us to court in 2009 for a bill that they never verified, and was outside the statute of limitations. Suffice it to say we won that one. Overall, yes, if the bill is verified to be yours, and it is inside the statute of limitations, then you can usually negotiate pay for delete.
  7. The wife and I just applied for a secured credit card through our bank, and we are thinking about getting a second one, for further building good accounts on our report. What sucks is that our bank will pull our credit now for this one, and we will have another pull for the second one we apply for. It is worth it for the bonuses of two accounts? Has anyone been approved for a Capital One Secured Card? Any opinions?
  8. Update: We called Wells Fargo Dealer Services today, since we couldn't find a reliable address to mail a "good will" letter to. They said there is nothing they can do for us, natually. However, they said we can just go ahead and dispute it, and it might change the credit report. I know I can dispute it, I just thought that was a strange thing for them to suggest to us. These really are legitimate late payments, we were hoping for a good faith adjustment to the bureau reporting. Is a dispute the right way to proceed?
  9. Well, back on the band wagon of credit repair. Got my and my wife's scores up to the 700s once, gonna try to do it again. Anyhow, does anyone have any experience with Wells Fargo Dealer Services? Specifically, I am looking to get them to remove some late payments from the wife's credit. Our fault payments were late, just a miscommunication, but we are looking to send them a good faith letter asking them to remove, anyone have any luck with them? Thanks.
  10. Thanks for all the replies guys. I am not sure exactly how to proceed right now. There are so many homes in my area, really perfect for her, right around $80,000. Her credit is ok enough to get a mortgage, what sucks is that her income is not very high. Although, hell, with $20,000 down on an $80,000 home, her mortgage payment would be so small, she could easily afford it. Similar homes with the rent-to-own ideas have the 1,000 rent plus 300 credit towards purchase, for 1300; when her mortgage would be around 500 probably. I dont know, gonna keep researching and looking at all options, thats what I do best, lol. :)
  11. Hello everyone. State: Nevada Desire: My mother wants to purchase a home for retirement. There are issues listed below, would a mortgage loan be possible? Issues: First: She does not have a very high income to get qualified for anything, and her credit score is not all that great. Secondly: I would be willing to help her with the purchase, and Co-Sign for her, but my credit score is not very good at all. I also recently had a foreclosure, about a year ago. Although, my income is above $70,000 per year; and if you add my wife into the equation, our income is about $130,000 annually. Basically I am curious if there is a way that I can get financed, or we can get financed for a mortgage of about $80,000 with putting 25% to 30% down, given our credit and foreclosure situation? Thanks in advance for any help.
  12. One more question. Their complaint has the standard "if you wish to dispute you have 30 days blah blah," in it. I am filing the answer today. Their complaint names both me and my wife, and a supposed contract we entered together in 2003 when we did not know eachother. I sent a DV back in March CMRR and it went unanswered. Should I send a second DV to the lawyer, and have my wife send a DV when we file the answer and send them their copy?
  13. That's a great idea, unfortunately I only have two days left to file my answer. Is there somewhere to get a blank legal form?