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workingpoor last won the day on May 27 2011

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About workingpoor

  • Birthday 10/17/1965

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    The Great Northeast

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  1. Is there a deadline for them to report the dispute to the CRA?
  2. Not sure if this is the proper thread to post this on but I couldn't think of one more appropriate. My wife and I are trying to buy a home in North Carolina. We found one, a foreclosure by HUD, and made an offer (lowball obviously). It was accepted and our realtor E-mailed us the contract. (we live in NJ). We signed it, and overnighted it back to him, who signed his parts and overnighted it to HUD. 3 days go by with no word from HUD except that it is being reviewed. Last night our realtor calls to inform us that the contract was rejected because he didn't initial the home inspection page. After reading my copy of the contract, I realized the home inspection page doesn't require his signature. Only ours and the selling realtor. I called him to tell him this and he said it was too late, the house is under contract with another buyer. The HUD office he has been dealing with is in Atlanta, we are in NJ and the home and our realtor are in NC. I have a bid acceptance in black and white that, in my opinion, is grounds to sue for breach. I just need to know where...
  3. I can't stress enough to talk to more lawyers. I went to three separate attorneys, all had me in a 13, until I found one that told me I'm a 7. DO NOT go with this guy until you talk to more. If you're going to be paying back 100% what do you need him for? Just another debt to incur. Isn't he supposed to be getting you out of debt??
  4. I would consult the lawyer, after all he's on your payroll until you're discharged. I'm not sure how the trustee is going to feel about the 10-15% you have laying around for the DP. Some would want that.
  5. It all depends on the judge now. You will have to file a motion to compel private contractual arbitration with the court and hope he allows it. He should, but there is no guarantee he will grant it. Make sure you word it that way because the courts have their own ARB forums and you don't want that...
  6. In NJ interrogatories, requests for admissions, production of documents are all considered the same line of questioning. So you only get 5. Decide what are the 5 most important things you need from them to help your case-or hurt theirs and if you're still in the 30 day window, resubmit them. If it was me, I would ask for the items 3, 4, 6, 13, 14 in LeagleEagles list...
  7. Or a contract can't be found at all and the Plaintiff knows it. UE as a COA is just weird to me. Never seen that before except as an AD. But that, along with what they provided, tells me they don't have much paperwork to help their case...
  8. Somewhere in all that it should have a reason such as breach or account stated or goods and services provided. Read it a few times. It'll eventually make some sense.
  9. What is the cause of action they are suing for? (breach of contract, account stated etc.)
  10. The way it worked with my attorney was a flat charge of $2300.00 (plus the FF) for a chapter 7, and a fee of $3400.00 for a chapter 13 with $1500.00 up front and the rest paid through the trustee distribution. We filed chapter 7. As far as not being eligible to file a 13, I don't know. I don't see why not, unless you're sitting on a pile of gold bullion. One thing I can guarantee is there is NO attorney in the solar system that will file a chapter 7 without getting every nickel up front. They have some serious trust issues...
  11. Do you have a copy of the cardholder agreement? The arbitration clause will be in there if there is one. Read it and see if it lists JAMS as a forum.
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