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Everything posted by OU812B4

  1. No matter who they are looking for, get the mailing address of the CA and send them a cease and desist. Never talk to Collectors.
  2. ANSWER The summons and complaint. You do NOT have to file your answer with the court, just serve the plaintiff or plaintiffs attorney your answer. Whether you are filing bankruptcy or not, you should answer. If you end up NOT filing BK, they will obtain a default judgement if you do not respond.
  3. Yes, they will stay on your report for 7 years. Try disputing them with all 3 CRA's. They might remove the late payments because they no longer have the documentation to support the late payment. They also might not respond to the dispute at all and the CRA's will remove the account from your CR.
  4. Read this... http://www.moranlaw.net/blog/looming-california-foreclosure-doesnt-require-bankruptcy.htm
  5. She is working in Iraq, not serving in Iraq.
  6. Did you have 1 or 2 mortgages on the property and which one is going after the deficiency judgement? In a short sale, usually the first mortgagor releases you from responsibility of paying the amount of the mortgage that the sale did not cover and if there is a second mortgage the first mortgagor needs to get the second mortgagor to agree to removing the lein on the property so that the sale can go through. The first mortgagor will 1099 you for the difference and you have to pay taxes on the forgiven amount unless you can prove insolvency to the IRS. It is common for the second mortgagor to
  7. Yes, they have to remove the item from your credit once they receive the affidavit. I'm glad I could help, good luck on the rest!
  8. I'm not sure about that. You could call them and ask. The number is on the page that I posted a link to.
  9. Well, you could try filing an affidavit of identity theft with the ftc. http://www.ftc.gov/opa/2002/02/idtheft.shtm
  10. Call the cops in California (where the crime was committed) and file a police report. Get the report # and pass it on to the CA.
  11. So, your ex-hubby wrote a check from an account that was in your name but was closed when he wrote the check? If that's the case you call your local authorities and file a report. Then, you contact the CA, inform them that the check was not written by you, the acct was closed when the check was written and furnish them with a copy of the police report. They are supposed to close the file and cease all collection activity and remove any listing of the account on your credit.
  12. There are a few more things you should know about short sales.... They do as much damage to your credit as a foreclosure, sometimes more. The mortgage lender will 1099 you for the forgiven amount. You will be required to pay taxes on the forgiven amount unless you can prove insolvency. If you just refinanced this house 2 years ago, you had to be able to prove that you were able to afford the payment. Unless, you did a subprime no income verification or no doc (no documents proving income or debt). If that is the case, and you were in fact not able to afford the payment, you could be brough
  13. Again, not true. You will be required to pay taxes on the amount the mortgage lender forgives in the short sale. But they will 1099 you for that amount and you WILL have to pay taxes on that amount unless you can prove insolvency to the IRS (no assets and no means to pay).
  14. This isn't entirely true. If the mortgage lender forgives the deficiency in a short sale, you are released from the responsibility of payment of the amount they forgave. BUT, they will 1099 you for the forgiven amount and you will have to pay taxes on that amount unless you can prove insolvency to the IRS. In this case the OP stated the properties were foreclosed, not a short sale so the 2nd mortgage lender can file for a deficiency judgement.
  15. Read the sticky thread "if you are suing or being sued...read this".
  16. I got a hold of someone at the courts today and received an answer to my question. In Minnesota, there is NOT a time limit to file the case in court after serving the summons. They said, other than the SOL (6 years) of the debt, they can file whenever they want.
  17. Sometimes the CC companies are willing to reduce or even suspend the monthly payments. Have him call and ask what his options are. If his account is current, they may tell him he doesn't qualify. If that happens, stop paying them for 30 -60 days and call again. If the CC company won't help, the only other option is to not pay them and defend himself from the CA's. He has to worry about the basic necessities of life, keeping a roof over his head, food on the table etc.
  18. I know the site for MN courts by heart, I searched through the civil procedures there and couldn't find anything regarding a time limit to file with the courts after being served.
  19. 2fight and henry, Thanks you for your responses. In MN, I can file my answer with the court before the plaintiff files their complaint, but that just forces the case into court. Yes henry, you are correct you do not HAVE to file your answer with the court, you just have to serve the palintiff with your answer within 20 days of being served. I know they are just trying to test the waters. I have to call the courts to see how long they have to file the case. I was was going to call last week but I had a very busy week so I will have to call next week. The case was filed in the OC's name an
  20. I couldn't find anything, I tried to call the court today but the self help line is closed on Wednesdays. I will call tomorrow.
  21. Please read above regarding Minnesota pocket service/pocket docket. You do not have to file the complaint first in Minnesota. Nothing has been filed with the court but I still had to respond to the summons to avoid default. Now, it has been 4 months and I want to know if there is a law that requires them to file this with the court within a specific time. I am going to call the court and ask, I just thought I would first check to see if anyone here knew.
  22. If I wouldn't have answered they could go to the court and obtain a default judgement. No, I did not list any counterclaims in my answer. At the time I did not have any counterclaims, I do now (violation of FCRA).