joj Posted August 19, 2003 Report Share Posted August 19, 2003 from nv. divorced over 5 years ago, husband took the house in the divorce which had a 1st and 2nd mort. on it. he defaulted, the 1st foreclosed, the 1st bought it at auction and sold it to recoup their losses. the 2nd did not bid, and shortly after they filed BK and went out of bus. i tried to contact them, their phone was disc., and they fell off of my cred. rep. 5 years later i am being contacted by a coll. agency trying to get $50Gs from me. the debt still does not show up on my credit report. they are threatening to send this to an attorney if i don't comply. they are in CA and i am in NV. they don't care what my div. papers say. what can they really do to me? any sugg. on what i should do? Link to comment Share on other sites More sharing options...
LadynRed Posted August 20, 2003 Report Share Posted August 20, 2003 Right-- the divorce decree means squat to creditors, if your name was on the loan, then they come after you for money. If your name wasn't on the loan and they're claiming community property makes you liable, they're full of bull. Once you got that divorce, the "community" came to an end.Has this CA contacted your EX at all ??SOL in NV for written contracts is 6 years. Its VERY important that you find out EXACTLY when your EX defaulted on the loan.Its also possible that there is a statute of limitations on the time a creditor has to collect on a deficiency. In some states, if they don't try to collect within 2 years.. they lose all rights to do so. I'll check the NV statutes.If you can't get the default date from your EX or other sources, its time to send them a validation demand and make them prove you're liable and make them provide YOU with the needed dates. Whatever you do, do NOT mention the SOL.I'll post back after I've had a look at the NV statutes. Link to comment Share on other sites More sharing options...
joj Posted August 20, 2003 Author Report Share Posted August 20, 2003 i don't know if they have contacted my ex yet or not. i did sign the original loan. the SOL is at 5 yrs ( i think) i went through my ex's BK papers and for this part of it, it shows payments owing from sept 23, 1998, so i'm thinking thats when the breach took place, so it seems i am still a year away. plus i'm having no luck locating my ex, seems to have fallen off of the planet. any advice you can offer would be greatly appreciated.thank you for your help miss red!! Link to comment Share on other sites More sharing options...
joj Posted September 5, 2003 Author Report Share Posted September 5, 2003 miss red? you still there? Link to comment Share on other sites More sharing options...
hotdami812 Posted September 5, 2003 Report Share Posted September 5, 2003 I unfortunately work for a company who buys and sells mortgages mostly subprime stuff, only job I could get in NC not the career choice I planned and believe me I will be moving on pretty quick, however, since I deal with this type of stuff first let me say the CA is full of shiat, check to make sure you are outside of sol, I argue all the time with this butt head who tells me once the customer makes a payment bam resets the clock thats horse ****. all i deal with it seems is sol accounts he says because the attempt was made it resets, yea whatever I tell him. can you tell Im an advocate for consumers and not these bozos, if it is out of sol that is your absolute defense, an affirmative defense if you will. did the CA tell you they were going to sue you? Link to comment Share on other sites More sharing options...
hotdami812 Posted September 5, 2003 Report Share Posted September 5, 2003 Most def DV them. Link to comment Share on other sites More sharing options...
joj Posted September 22, 2003 Author Report Share Posted September 22, 2003 okay so i asked for a DV, in return i got a copy of DOT and Note. the ninth paragraph of the note reads as follows: If more than one person signs this Note,each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarnator, surety, or endorser of this Note (described in sect. 7) is also obligated to do these things. the Note Holder may enforce its rights under this Note against each of us individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Any person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in the Note. Any person who takes over the rights or obligations of a guarantor, surety , or endorser of this Note is also obligated to keep all of the promises made in this Note.My question is: doesn't the line that i've underlined absolve me of responsibility and put it on my ex beacause he took my obligation in the divorce. what do you think? is it a valid arguement?thanks for the help!!! j Link to comment Share on other sites More sharing options...
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