Debtor And Creditor Legal Questions

All payments made to the Creditor must be accounted for. Failure to do so violates the FDCPA. If you are in need of legal counsel on this, please contact your bankruptcy counsel first or feel free to reach out to me.  Creditors are more flexible in negotiating with counsel. If you do plan on settling, having an amount of cash to start any payoff is very helpful.... Read More

If the claim is $12,000.00 or less, you can file a complaint in your local magisterial district justice for a fee.  A hearing will be scheduled, usually a default hearing if the defendant fails to respond.  In that event, you will obtain a default judgment.  If she defends, a hearing will be scheduled at which you will have to appear and prove by preponderance of the evidence that a legal enforceable contract exists that she breached. I trust this answers your question, but feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

You could be the victim of identity theft (if someone took a loan pledging your home for the HVAC system). Or it could be an unscrupulous HVAC company trying to sell you a system. Or it could be an scrupulous finance company trying to sell you a loan. It is 1 of those three- be careful, figure out which it is, someone sent a false statement through the mail, you can report them to the FTC, Michigan AG consumer protection and or post office.... Read More

These are RESPA violations. They are REQUIRED to send statements. They are REQUIRED to send Notices of rate increases. "The creditor, assignee, or servicer of an adjustable-rate mortgage shall provide consumers with disclosures, as described in this paragraph (c), in connection with the adjustment of interest rates pursuant to the loan contract that results in a corresponding adjustment to the payment. To the extent that other provisions of this subpart C govern the disclosures required by this paragraph (c), those provisions apply to assignees and servicers as well as to creditors." They are the Creditor or Servicer. Under 12 CFR § 1026.20(c), they are REQUIRED to serve notice. This does not prevent them collection activities. But if they report you as late or behind, it hurts your credit score. You might need legal help on this. You can reach out to the State Bar Lawyer referral service or contact me 248 353 5555.... Read More

If they accelerated the full balance of the loan, the only thing you can do is somehow get a new loan and them off. Usually, they just require you to resinstate, paying all owed payments. If you can come up with the cash to reinstate you can call and see if they will reinstate the loan. Best of luck to you.... Read More

Generally, attorneys only practice in a limited geographic area.  As this format does not allow for location disclosure, I cannot state whether this is a matter I would handle.  Having said that, if you are out of my geographic area, I am happy to attempt a referral to someone who is local. In any event, any suit involves specific time frames and deadlines which must be met.  Accordingly, I urge you to speak with counsel in real time ASAP to assure rights are not lost. I trust this answers your question, but feel free to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

I suggest filing in her district so there is no dispute about jurisdiction.  If you have written documents evidencing the loan, that should be enough.  An attorney isn’t required but many people find it very helpful, nonetheless. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

If your father has the car, he is liable for the debt.  However, he may return the car.  The creditor will then sell it and seek to collect the deficiency, the difference between the sale proceeds and the balance, from your father.  While the creditor may call or write to collect, neither of those actions effect your father at all, other than the obvious hit to his credit.  Credit, of course, is irrelevant at his stage of life. The creditor can sue at any time within 4 years after the last payment made.  If they never sue, your father will suffer no consequences, other than the collection efforts which are at most annoying.  If they sue, he can defend it or try to resolve the deficiency. Finally, he could consider a chapter 7 bankruptcy to eliminate all his debt. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.      Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

You can file in small claims Court however you will be limited to filing suit for the Jurisdictional limit of $12,000.00.  Considering that you are still owed approximately 40K you should file your case in the Court of Common Pleas.  I recomend that you speak with an attorney to go over your options and with some investigation and discussion determine if it is worth it to you to file your case.... Read More

If the agreement was executed in your deceased husband's individual capacity, then the general rules is that you are not individually responsible for it, but rather the creditor should file a claim against your husbands estate. Retain a probate attorney to investigate and advise on what legal steps to take. ... Read More

Dear Mrs. McGee, The while banks can turn someone down for reasons of credit score or risk, you sound like you may be being discrimated against because of your age. Such a lawsuit might take a good deal of time to win but it might also be a class action case. You definitely need a lawyer who specializes in suing banks. If you need a reference, I am happy to provide it. Sincerely,   Gilbert Borman... Read More

I'm not certain I understand your question.  If you have the documents that were forged, it should be possible with the assistance of legal counsel to try and unwind the parent plus loan.  As for the letter, that is very doable as well.  Please contact us for further assistance in handling this issue. 203.870.6700  ... Read More

A green card holder can sponsor her spouse and he can process at the US consulate overseas. A fiancée visa is not available for a green card holder to sponsor their boyfriend or girlfriend. Additionally, your income of $2,700 per month will be sufficient to sponsor your husband if your household size is 2 people. ... Read More

She has to sign title over to you. Simple as that. The green from the state is title, then you have to take to the Sec. of State. Make sure you record the mileage PERFECTLY- there are 6 boxes- leave the leftmost box EMPTY unless you have more than 100,000 miles on the car.  good luck ... Read More

Upon payment of the mortgage balance, the mortgage company is required to satisfy the mortgage.  Normally, the abstract company who conducts the closing assures the same is filed promptly after closing.  That should be your first step, although the company may no longer exist given the passage of time.  If that avenue fails, you must request that the mortgage company satisfy it.  That, too could be an issue for the same reasons.  Fortunately,  there are legal methods to force satisfaction as indicated in the aptly named Mortgage Satisfaction Act. https://casetext.com/statute/pennsylvania-statutes/statutes-unconsolidated/title-21-ps-deeds-and-mortgages/chapter-2-mortgages/satisfaction-of-mortgages/mortgage-satisfaction-act I trust this has been helpful, but feel free to call or email on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read More