It sure sounds like they have walked away. I haven't heard of a letter like this, but if its truly from HSBC and they are your mortgage lender then you have just won the lottery. Of course, the letter may also be a scam.
You should retain an attorney to review this and contact HSBC to verify this. From the information you have shared, you would still be responsible on the promissory note. So, you are not off the hook entirely. However, it sounds like a fantastic opportunity to settle...
Yes, you likely have recourse. However, before anyone could advise you as to the strength of your case they would need to further understand the facts and review your agreements. It is likely that you have a case for breach of contract, breach of the duty of good fair and fair dealing and possibility a cause of action for tortious interference with business. Contact an attorney to discuss.
It is true, but somewhat impractical unless this is a large loan. In order to take other property you own, they must get a judgment. In order to get a judgment they must sue you. They are unlikely to do this.
In Georgia, lenders have two primary options when a borrower defaults on a loan secured by real estate. They can sue you and then foreclose, or foreclose and then sue. Most often, on smaller loans ($200k and less), lenders choose the second option. The suing part of that option is...
This is a great question. I have a motion to set aside a judgment going on right now that deals with this exact issue. It can be won, but the burden is on you. That makes it difficult, but not impossible to win. Good luck to you.
Most attorneys prefer federal court over state court (the county court). This is because these attorneys believe that federal judges are better qualified, and the court is more efficient and predicable.
You should contact an attorney about your situation.
First question: You would have to sue to get your deposit back. The landlord is required to give you a letter detailing where the deposit was applied (e.g. damages, past due rent, etc.) within a month after you move out. If you are owed the deposit and the landlord did not return it, then you can get up to three times your security deposit in damages.
Second question: It sounds like you are not in a long-term lease. I would advise you to move out and find somewhere else that works. If...
You should sue him and sue him quickly! You may be involved in a situation where he defrauded more than one person and there may be a limited amount of money to recovered. Find an Georgia attorney (assuming your friend is in Georgia) fast. Treat it like an emergency!
In Georgia, at a certain point hiding your vehicle becomes a crime. I imagine that it also a crime in Michigan. I'm not a criminal defense attorney so I don't know exactly how to advise you on this. I'm unsure whether Michigan law or Georgia law would apply. You might try re-posting under the criminal law heading.
I would encourage you to surrender the vehicle soon. Yes, they can come to Georgia to repossess it. Whether they will or not, I do not know. They may file turnover...
I agree with the other lawyers. You lost because you did not know the rules of evidence, which is one of the most difficult areas for non-attorneys.
Should you appeal? Sure. You have the right to appeal from Magistrate Court and have a de-novo (brand new) trial. However, you should retain an attorney. You likely can find an attorney to do this for $1000 - $2,000.
If you filed suit in a company name, you should also know that you (as an non-attorney) cannot represent a company in...
An attorney has to breach a legal duty which causes damage to the client. There are many legal duties from simple ministerial tasks (i.e. filing paperwork timely) to more complicated duties (i.e. duty to act in the client's best interest). You may want to describe your situation to get more advice.