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Adam S. Alexander

Adam Alexander’s Answers

272 total


  • How can I get my credit repaired for 2 late mortgage payments that the trustee did not make in the final closing months of case.

    during the closing stages of our chapter 13 case, the Trustee on our case did not make payment to our mortgage company for 2 months. We submitted our last payment on time on Jan. 27th and he did not distribute any funds to our mortgage company or ...

    Adam’s Answer

    Is the credit denial based solely on the late mortgage payment(s) caused by the trustee? Or is the denial based on the overall condition of your credit? The FCRA is a very detailed and formulaic statute (law). If the payments were in fact late, the law generally doesn't care about the reason why. I am not a BK lawyer so I don't know if you may have some remedy against your trustee, assuming he/she did in fact make an error. My suggestion is to have a qualified FCRA lawyer review your credit report to see if there is a way to dispute this account or work with the mortgage company to repair the affected trade line.

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  • Does an active loan modification stop the sheriff's sale on July 16th?

    I was denied a loan modification this past April; therefore, Chase began foreclosure proceedings and the Sheriff's sale is scheduled for July 16th. At Chase's recommendation, new documentation was submitted today for a loan modification. Also, I...

    Adam’s Answer

    If you actually sign that loan mod contract you have a good argument to stop the sheriff's sale. But it won't likely be stopped without action by you. You need to hire a lawyer and file a lawsuit and temporary restraining Order in Circuit Court to stop the sheriff's sale while the loan mod is considered and finalized.

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  • Bank initiated foreclosure but before sheriffs sale sold the interest it sought to foreclose.

    The bank was paid and then sought to have me pay as well. Then, refused my payment in full.

    Adam’s Answer

    You need to expand on the facts to get any lawyer to reasonably point you in the right direction. Mortgages and foreclosures are complicated issues, and very fact sensitive. I suggest you start over and add some detail. Otherwise, nobody and provide you with a realistic response. Better yet, I suggest you make some calls and go get a consultation with an experienced attorney. You can find one at www.naca.net

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  • How do I fix my credit?

    My grandfather took a credit card out in my name with his address on it and gave it to me to use, saying that he would take care of it all. Once I realized that he wasn't making payments anymore I stopped using it, cut it up, and called to have my...

    Adam’s Answer

    Is anyone trying to collect from you? You updated your question and indicated the credit card company is going to take your name off. Did you confirm this by pulling a new credit report? These are some of the questions a lawyer will ask. I would also need to see your credit reports (not just Transunion, but Equifax and Experian as well), to see how this is reporting. You could potentially have a legal action under the Fair Credit Reporting Act (FCRA) and/or the Fair Debt Collection Practices Act (FDCPA). I suggest you find an experienced credit attorney and review your reports with him/her. Good luck!

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  • If a person loses their house to the mortgage company for non-payment, waits until the county owns the house,repurchases in a

    different name, moves in or rents it, is it legal? can charges be brought against them or since they waited a few years is the mortgage company ok with it? is the person who is aware of it responsible in any way or require to report it?

    Adam’s Answer

    You need to provide additional information or consult with a lawyer. I'm assuming that "wait until the County owns the house" means that the taxes weren't paid and a tax foreclosure occurred. (Which is a stab in the dark because honestly I don't know what you mean). The issue would seem to be if you, yourself, could legally repurchase the house after your property was foreclosed, after the redemption period, and after the tax sale. My best advice is to hire or consult a competent real estate lawyer and provide full details regarding your legal issue. Most lawyers will tell you that purchasing "in a different name" sounds deceptive and won't advise you to do so.

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  • My mortgage was recently transferred to a different loan servicing company; I paid my monthly statement as soon as I received

    the first statement from them (about 4 wks after the transfer) and maintained my loan status as paid/current. However, within 3 weeks of receiving the statement, I received a letter stating I was in default and foreclosure proceedings would begin....

    Adam’s Answer

    Transfer of servicing is a constant source of confusion and negligence on behalf of servicers. It sometimes does not go well and laws are often violated. I suggest you focus on your credit report. If you received a default letter, that is a RED FLAG that the servicer derogated your credit. So, I would pull all 3 reports (you can get free reports at www.annualcreditreport.com) and take a look. I would contact an experienced FCRA lawyer to review your report and challenge any inaccuracy. You may indeed have a legal basis for litigation, etc.

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  • A debt collector buys a note for foreclosed property from Fannie Mae, can they garnish my state pension, ss or my bank account?

    In checking my credit report I discovered that the promissory note from my foreclosed property had been purchased by Dyck Oneal out of Texas. The amount listed was greater than the amount for my foreclosed property from 2009. Researched showed the...

    Adam’s Answer

    • Selected as best answer

    Mr. Powe is correct. They need a Judgment first. I've sued Dyck O'neal many times. They will provide you with a copy of the Judgment if one exists. If it does exist, they cannot garnish your SS or pension. They CAN garnish your non-exempt bank accounts and tax returns. They can also lien property and seize personal property (but they rarely do this). If there is no Judgment, obviously you may have a legal course of action. A lawyer would need to review all the facts with you to provide you with adequate legal advice. I suggest you contact a lawyer. I also suggest you get a copy of your most recent credit reports (all 3) and let an experienced FCRA lawyer take a look. From your facts, it appears you may have a potential FCRA case if: 1) there is a legitimate inaccuracy; and 2) you dispute the inaccuracy with the credit bureaus and it is not corrected.

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  • Lease agreement

    I have agreed thru email to renew my lease. I changed my mind though I have not resigned. Can my landlord hold me to it?

    Adam’s Answer

    I agree with the others, more information is needed properly advise you. I would assume, however, that if you agreed by email to renew, you are stuck. (The contract may have language regarding the formation of the contract that may save you). The best advice based on these facts is to contact your landlord and see if you can back out.

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  • I bought a car from a dealer and never received the title. I totaled the car and still don't have it?

    I bought the car in March 2015 from a used lot. Never received the title. Totaled the car in the end of April. My insurance covered my wreck but we need the title to close the case. It has since been over two weeks since the wreck and we STILL hav...

    Adam’s Answer

    Your insurance company shouldn't have paid the claim if you were not the titled owner. The dealer violated Michigan law by not providing you clear title within 15 days of the sale. There are multiple legal issues here, and would need more information to assist you properly. I suggest you contact an experienced attorney in your neck of the woods and show him/her your documentation.

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  • Can the buyer of a private sale car sue me (seller) after he found problems I didn't know? Is it illegal to sell an unsafe car?

    My wifes name is on title of 24yo car we sold to an older man for $600. His son, 15yrs in car sales and lawsuits calls me after 12 days and left a message - it was illegal to sell him an unsafe car. He says one strut is broken & touching the tir...

    Adam’s Answer

    I agree with Ms. Liblang. Purchases from a private seller (like you) are considered “as-is” which means they buy it with all its defects and nonconformities. Essentially, because the vehicle is not warranted, they really have no claim. I am assuming you did NOT provide any written promises about the mechanical ability of the vehicle. I would have to see all the documents involved and review all the facts of the transaction to provide you with a definitive answer. But based on the facts you provided I suggest you will prevail if the buyer takes you to court.

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