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Robinson Sean Rowe

Robinson Rowe’s Answers

94 total


  • We had a bankruptcy discarged in March 2010. What we owed to Wells Fargo on our house was also discharged. Wells Fargo told us

    they would foreclose so we moved to a rental. Wells Fargo said they were auctioning our house on 9/29/10. They are trying to get us to do a short sale or deed in lieu of foreclosure; we have been told to not do this as it would recommit us to the ...

    Robinson’s Answer

    WF cannot pursue you for any discharged debt. If they do, make sure you sue them for violation of discharge and for FDCPA violations.

    *Even if you are discharged, remember that you are still on title so you are liable for new hoa fees, continuing owner liability, insurance etc. This is a great incentive to get this property out of your name asap.

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  • Is a quit claim deed the proper method to execute a transfer of property?

    the property is co-owned by my present wife and her ex-husband and he is currently occupying the property but is willing (anxious) to walk away from all claims to the property. her name is on the mortgage along with his. we are willing to take ...

    Robinson’s Answer

    Even if the ex signs a quit claim deed, he will not be taken off of the note.

    However, as long as his name is taken off before an liens are recorded, your future interest will be protected.

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  • Do we need to hire a lawyer? If so, where for low cost?

    My father is a trash truck driver in MD and has been very ill on and off for the past few years. One stint 3 years ago landed him in 3 different hospitals and with a bill for 100K. He is being taken to court for an Ex Parte hearing. What do I ne...

    Robinson’s Answer

    The ex parte hearing is likely b/c your father defaulted on the complaint (failed to answer within 30 days).

    You may also have a statute of limitations issue, but you definitely have a bankruptcy issue.

    Bankruptcy doesn't cost that much if it is a simple Chapter 7. You should take advantage of a free consultation that almost every bankruptcy attorney/office offers to prospective clients.

    Good Luck,
    Rob

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  • How much is cost for lawyer to go to civil lawsuit hearing?

    I am willing to pay the amount due but need low payments, they are asking for total of $5k and payments of $300-400 a month and interest, although interest is not in the lawsuit filed. I just need a lawyer to protect my interests at the hearing an...

    Robinson’s Answer

    What is the lawsuit about? If you're talking interest, is this a credit card?

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  • Can my HOA try to collect Fees for the last 4 years after not contacting me for that whole time?

    I thought my HOA dissolved 4 years ago because they didn't return phone calls or mail. Now they've sent me a collections letter (first communication) saying that I need to pay them 4 years of HOA fees plus late fees. to catch up Can they do this...

    Robinson’s Answer

    Do you still own the condo? Does it matter to you if this remains as a lien on your property?

    As far as collections, there may be statute of limitations issue. Also, please provide more information on how they are contacting you.

    Thanks,
    Rob

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  • Alleged debt dismissed with prejudice, creditor still pursuing; reported on credit report

    Moved out of apartment, provided notice. Apartment complex took me to court, without warning or actual bill saying I owed rent. The judge entered a judgment for posession, but deferred the decision on payment. after 2nd deferral, case was dismis...

    Robinson’s Answer

    You may have a great FDCPA case, be sure to contact an attorney. You could waste a lot of time trying to clear this up on your own, but I would recommend filing a suit. An attorney may be able to win money damages AND get this cleared up for you all at once.

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  • HOW DO I COLLECT MONEY AFTER A JUDGEMENT WHEN THE DEFENDANT IS ON SSI

    AFTER A JUDGEMENT, HOW CAN I COLLECT FROM A PERSON ON SSI

    Robinson’s Answer

    You'll need to run an asset search for other items of value. SSI cannot be garnished.

    Unfortunately, this person may be judgment proof, but do the minimal due diligence in case they have separate savings etc.

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  • What can I do regarding a creditor seeking payment for a balance that I paid in full about a month ago?

    On November 17, 2012, I paid the full balance on an account for a townhome that I moved out of late October. Payment of $3436.86 made on 11/17/2012. Today, I received a letter from a collection agency, dated December 4, 2012, stating that I owe th...

    Robinson’s Answer

    It is enough that you informed them that this debt was fully paid and provided proof. I have no idea why they needed you to wait until Friday.

    If they continue to contact you, this will be a great FDCPA case. File a suit against them.

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  • Can the bank take away a second property if the first home goes into forclosure?

    I bought a second home cash in Indiana recently. My first home will start the short sale process and may go into forclosure. Can the bank take away my newly purchase property?

    Robinson’s Answer

    Going through a short sale on the first may allow you to keep the second home - because you may be able to negotiate forgiveness of the remaining debt on the first house, or something else that will avoid the lender obtaining a judgment against you. If they pursue a judgment, they can attache it to your second.

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  • Should I file now while I am unemployed?

    I'm concerned that if I wait to file I might become employed and then a trustee might conclude that I am making too much money and force me into a chapter 13. Is that a realistic worry? Do they really do that even if you are able to pass the mean...

    Robinson’s Answer

    By "judgment proof" do you mean that you have no other assets that can be attached? If you have no "net worth", than you should definitely file bankruptcy now before your circumstances change.

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