I was purchasing house on land contract old owner never paid taxes on property house was foreclosed and I am not able to pay back any outstanding taxes to try to get house back. Sent eviction notice to leave in 30 days. is there anything I can do...
Yes, you need to have your land contract reviewed to determine who was responsible for paying the taxes, as well as what remedies (if any) may be available to you against the seller. Do not delay! Good luck.See question
It is my understanding that under Public law: Chapter 48, 48 Stat 112 that debt can be offset due to the Gold standard provision from 1933. Is this true? Can you give an answer that lacks sarcasm and gives some insight? Appreciate your time.
Depending on your financial circumstances, there is nothing that prevents you from negotiating settlements of your debt with the current holders. Debt that has been delinquent for over 6 months is "charged off" by the lender. This does not mean you don't owe the money, just that from a financial perspective it is unreasonable for the creditor to continue claiming that loan as an asset on their books, as it is quite unlikely to be collected. So lenders typically sell portfolios of this bad debt to companies who buy it at deep discount - typically 3 cents on the dollar. These companies follow a business model of first trying to negotiate a settlement, and if that is unsuccessful, bringing suit. Their court cases are successful many times because people despair at being sued and do not take any action. So the creditor takes a default judgment and the real pain of collections begins. If you fight these cases in court by filing an answer and defenses requiring the creditor to prove their "chain of title" (after all, you borrowed the money from Discover, and these guy just bought it - do they have the documents that show they "own" this loan?) the creditors often back off and may even dismiss their suit. That may not be the end of it, however - they may in turn sell it to someone else, and the whole dance starts all over again. This is often referred to as "Zombie Debt". I have seen people on their own negotiate favorable settlements with the creditor, which include having them report the account as settled and paid according to agreement on your credit report. One downside - debt tat is forgiven is considered income by the IRS. If a creditor forgives more than $600 in debt, they will file a 1099 with the IRS and you will have to claim it as income on your taxes, and pay accordingly. So settling debt is like a two-step dance - getting the creditor to agree, and estimating the tax consequences so you can be ready for them. It is better than ignoring the debt and accepting whatever consequences come your way. As one of the other responders advised, these alleged statutory "schemes" simply will not work, and at some point, you get smacked in the face with the consequences of thinking they will. Be proactive, creative, and face the issues, or, consider the alternatives of filing bankruptcy, which allows you to avoid the tax consequences of a settlement (debts discharged in bankruptcy are not considered income by the IRS). Good luck!See question
11 years ago I purchased my house with my boyfriend. A year later we were married. In that same year he passed away from cancer. We were 21 years old and never had a will or trust drawn up. We have no children. I am now trying to refinance my hous...
If you owned the property as joint tenants then all you need is his death certificate. You need to look at the deed by which you purchased the property. If you owned it as tenants in common, his interest has to go through probate. His parents are the likely ones who would have an interest, along with any siblings. You may have to purchase his interest from his probate estate to proceed. Check the probate court in the county where he lived, perhaps a family member has opened a private estate. You will likely need an attorney at some point to sort this out. Good luck!See question
I am being sued for $4800.00. I make 9.25 an hour and work 25 hrs per week. Law Office wants 85% up front. But said if I bring in check stubs they'll see what they can do. Should I try this or let it go to court? We live pay check to pay check an...
While the judge might consider your husband's income as it relates to running the household, when you file a motion for a payment order (to prevent wage garnishments) the judge will look at ALL of your household monthly expenses. The collection attorneys are asking for a huge up-front payment - a judge is unlikely to impose such a condition. When you list out your income and monthly household expenses, how much is left over? I'm guessing not a lot if you are living paycheck to paycheck. That is likely the amount a judge would order you to pay each month. The most they could get with a wage garnishment is 25% - however it could be less. If you run your typical paycheck through the garnishment calculation sheet (see the link below) you may find that the amount they can get from a garnishment is less than you thought. The form you would use to ask for a payment order is at the other link below. I would do the calculations and if the amount the creditor could take is more than your budget can afford, file a motion and be prepared to present a list of income and expenses for the household. Good luck!See question
I have a question about bankruptcy, I am being push by my soon-to-be ex-wife in direst to immediately assume the mortgage on our home, the mortgage is in her name, she is leaving the state in less than 60 days, we have not filed for divorce, or...
Why try to solve a problem that does not exist? You are not currently liable, you can't afford the debt, chances are the bank would not let you assume it in any event. Nor would they release your soon-to-be ex-wife from her liability. Selling the house may be the solution for HER, which then allows you to find something that YOU can afford.See question
It is a debt from 2003. I never received a notice. I never knew I owed this money. No one can tell me when I was served a notice, yet the county clerk said that I supposedly received one in 2003; she could not tell me where I received the notice o...
The bank has a copy of the garnishment by which they froze the account. Get a copy asap and review it with an attorney familiar with debt collection and consumer issues. You need to find out which court entered the judgment, so you or your attorney can review that file. This is something that needs to be done sooner rather than later. There are time limits for objecting to the garnishment, so do not delay. Good luck!See question
Am I responsible for my wife's medical debts? I have never singed any guarantor agreements and Michigan does not have a doctrine of necessaries rule it was repealed in 1998 North Ottawa community hospitals. V. Kieft
Your reading of the North Ottawa case is correct. Spouses are not liable for each others debts absent a specific written agreement. Advise any creditor trying to collect from you that they are violating the Fair Debt Collection Practices Act, and could be subject to liability if they continue.See question
A judgment was entered against my husband for non-payment of a credit card debit in March 2005. The Judgment expires March 2015. There has been no contact or other attempts at collection on this account in over nine years. Recently a non-period...
If the judgment was entered in 2005, it needed to be renewed before its expiration in March 2015. Call the court (or check on line if their court records are available) to see if the judgment was renewed before it expired. If not, see when the garnishment was issued. If after March 2015 and the judgment was never renewed, you may have additional grounds to challenge the garnishment. If you can show that the only deposits are wages of the debtor, you may also have a good argument to object to the creditor keeping the entire amount garnished. But the debtor will have to file an objection and go to court to fight this one - and if the judgment was renewed for another 10 years, you might consider putting a payment order in place, consider offering a settlement (if that is even possible), or consider talking to a bankruptcy attorney to see what might be the best way to put this behind you. Good luck!See question
My mom and us 4 siblings own a home joint tenants with full rights of survivorship. Mom died and we want to sell the house. Can we just sell the house or do we have to hire a probate attorney to remove her interest?
You don't need a probate lawyer. As joint tenants with rights of survivorship, all you need is the four remaining siblings to sign the deed, and attach her death certificate for recording to show she no longer has an interest. A real estate attorney can prepare the deed for you, or if you list the house with a realtor, the title company might prepare a deed as part of the closing package. Good luck!See question
we have a timeshare in FL
There is a group recently advertising on WJR, Timeshare ExitTeam, that offers to get you out of your time share or their is no charge. I have some former clients working with them currently. They are not cheap, but if it gets you out of a lifetime of maintenance fees, the price may be worth it. Tim Priessler is their local contact. His office phone is (425) 415-1200, but the direct line to reach him (which is probably best to use) is (313) 600-4104. I would also advise talking to a real estate attorney, however this firm is associated with a law firm based out of Washington State, I believe. It cannot hurt to get information from more than one source. Good luck!See question