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Need Advice on Midland Funding suit. They have no acct. # and wrong address.


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Midland Funding is sueing me for $18,500.00 in Washington County, Fl. The lawyer is Sprechman & Associates from Miami, Fl. They attached 12 months worth of statements to the initial sheriff served Civil Action Summons which was handed to my husband. The account is in my name only. The account was originally with Countrywide and I do not know when it was allegedly opened but the first statement is from 11/08. It appears the account was transfered to Chase on 03/09 and payments were apparantly stopped being made on 04/09 with the balance being approx $15,500.00. The account was again transfered to Slate on 10/09 and the last statement is from 12/09 with the balance being $18,500.00. I think my alloted time (sol?) is 4 years. After much reading on this venue I submitted my Pro Se Notice of Appearance-Answer,Affirmative Defenses and Certificate of Service all notorized and hand delivered to the court and sent via prepaid return receipt to the lawyer. I received my 2nd packet from Midland-Reply to Affirmative Defenses-Request to Produce-Request for Admissions and Interrogatories. I also received 2 other letters from the law office that same day. One was a request that we settle this out of court. The other was a Notice of Unavailability stating the lawyer would be unavailable for depositions, hearings, trial or mediation on several dates during this year. It also states that this letter would serve as a Motion for Continuance if necessary. This letter was not sent to the court as far as I can tell. I have been studying this site again to prepare for my next correspondence but I am not clear on what to do about the account number as I see on several other responses a reference to the account number is made. On these statements, all of the account numbers or any reference numbers at all have been blacked out with a marker. I have no paperwork at all about this account or, for that matter, about anything at all as we had a flood in our home (bottom floors where office was) and ALL of our business transactions, banking records, anything like that has been destroyed. Over the years my husband and I have had several credit cards, some were with Chase but we do not recall any with Countrywide. Our secondary home, (which we rented) was financed thru Countrywide. We thought we may have had a line of credit with them as well but we are not sure-we are old now-lol-and have had many trials these past few years-1 year of chemo for me-1 massive heart attack for him with a second 2 years later and then a stroke which I'm pretty sure came on as a result of losing all we had worked for our entire lives. (You would think we have had enough right??) Anyway, the statements attached to the summons have this secondary rental address on them. We did not receive mail at this rental address except for the mortgage payment so I'm a bit confused about that. This home was foreclosed on and auctioned off Feb. 2011. When answering this next set of documents I can not reference to the account number. Will this hurt my case? Also if this drags out another year will the time alloted for a Judgement run out? And one more question. If I find this all too much for me and give up what will happen? We have lost everything of value-have about $500 in the bank-bought a small shack really (real fixer) for 19k and put that in a land trust-we have no income to speak of and will be getting social security in another year. What can they do to us? Any advice at all would surely be appreciated. Thanks for taking the time to read this!

Edited by oldcouple
need to deleat some stuff
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Consumer Tip: DEBTORS' RIGHTS IN FLORIDA

This will tell you what is exempt in case they do get a judgment. I never heard of a Countrywide credit card. CHL does mortgages. I know, lucky me, I have one. Midland can be beaten, but it will take some effort and study on your part. Considering all the issues you put here, health etc., maybe a consultation with a bankruptcy attorney would be in order. Otherwise, if you have nothing they can take, let them get their judgment. Makes good toilet paper. If you want to fight, you came to the right place. The first thing we MUST know is who this debt originated with. You can serve discovery on the other side and they have to tell you. Before you answer anything, post it here. One wrong answer and you can be in trouble. This is a new one, I never heard of Midland buying debt from CHL. This sounds like a deficiency from the foreclosure. This would require a real estate attorney's attention. Did you have one? Usually they just 1099 you, it is rare for a suit to be filed, especially in FLA where half the state is in foreclosure.

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