Robert David Humphreys’s Answers

Robert David Humphreys

Tulsa Foreclosure Attorney.

Contributor Level 8
  1. Is it a good idea to enter into a installment land contract or "rent to own" situation with my landlord?

    Answered over 1 year ago.

    1. Robert David Humphreys
    2. Pamela Koslyn
    2 lawyer answers

    In Oklahoma, you will want to enter into a contract for sale and grant a mortgage. If you do it any other way, such as your landlord "keeping your deed" you are opening yourself up to be scammed. Owning property is a commitment just like a marriage, having children or even pets. If you make the choice, be smart and see an OKC lawyer to review the contract.

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  2. How can I answer in a summary judgment hearing for foreclosure to avoid a rapid sale date?

    Answered 6 months ago.

    1. Robert David Humphreys
    2. Scott D Harris
    2 lawyer answers

    You need a lawyer. You need one fast. The Oklahoma Attorney General has a voucher program that will pay for an attorney to help you. You may have a defense. You may check out my firm if you want at hwh-law.com

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  3. What happens after I file an objection to a sale confirmation I received no notice of? Will the court order a hearing?

    Answered 3 months ago.

    1. Robert David Humphreys
    2. Kevin H. Pate
    2 lawyer answers

    it is very difficult to answer without access to the court file and without knowing the particularities of the district court you are in, but in general, you will be sent notice of a hearing five days before the hearing takes place. You are wise to keep checking the electronic docket. You can get an attorney to represent you paid for by the Ok Attorney General if the foreclosure is against your home, you reside there and you are trying to keep it. There are of course limits. Google Oklahoma...

    3 lawyers agreed with this answer

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  4. Is it legal for a debit collector that bought our unpaid loan to be calling our family members

    Answered over 1 year ago.

    1. Robert David Humphreys
    2. Alfred M. Abel
    3. Gregory Thomas Artim
    4. Charles Anthony Rick
    4 lawyer answers

    A third party debt collector, under federal law (FDCPA) can only contact other persons to locate you. If they know where you are, they may not contact others about the debt. You also may have other rights under state law. Look for an attorney at NACA.net and look for the attorney listings under Fair Debt Collection in PA. Good luck.

    5 lawyers agreed with this answer

  5. Does a very small "mystery payment" reset the statue of limitations on a debt?

    Answered over 1 year ago.

    1. Robert David Humphreys
    2. Stephen Clark Harkess
    3. Peter Walter Weston
    3 lawyer answers

    If you did not make the payment, then it would not re set the time period to sue. The burden would be upon the collector to prove the payment. Make them prove it. check out hwh-law.com and get more info on documenting your contacts with debt collectors. Good luck.

    4 lawyers agreed with this answer

  6. Why does a lawyer subpoena a finance company for personal records.

    Answered over 1 year ago.

    1. Robert David Humphreys
    2. Jay Bodzin
    3. Michelle Kathleen Freed
    3 lawyer answers

    An answer requires some assumptions. One, you were past due on a Capital One account. Two, Capital One sued and obtained a judgment. If these assumptions are correct, Cap One is looking for your banking records to seize your funds. Consult a consumer law attorney if the garnishment is wrongful. I am aware of other cases where Cap One allowed it's collection attorneys to place multiple wrongful garnishments.

    4 lawyers agreed with this answer

  7. What remedies could be granted by the court for a breach of Contract Uberrimae Fidei by my mortgage lender?

    Answered 19 days ago.

    1. Robert David Humphreys
    2. Michael Charles Doland
    2 lawyer answers

    I am going to take a shot at answering the question below the "practice areas" section. The remedy for breach of a contract in Oklahoma is to compensate the buyer for all detriment (harm) directly caused by the breach. Damages must be reasonable and foreseeable and cannot be speculative but do not have to be "certain." There is a small opening for a claim of "bad faith" breach but the facts of the misconduct by the loan servicer need to be powerful and there is the possibility of claims based...

    2 lawyers agreed with this answer

  8. If the loan for my car hasn't went througth yet can I return the car?

    Answered over 1 year ago.

    1. Robert David Humphreys
    2. Stephen Joseph Cipolla
    2 lawyer answers

    Under Oklahoma law, a used car dealer is required to get financing approved on a "conditional delivery" contract. I don't think having you sign multiple contracts changes that requirement. You should attempt to return the vehicle in exchange for a written promise by the dealer that they are releasing you from any contract and return of your down payment and/or trade in vehicle. If they don't agree to do that, you likely need to consult with a lawyer. Good luck!

    2 lawyers agreed with this answer

  9. Who is FURNISHER in the FCRA? Are Credit Bureaus required to verify a debt with original creditor or just the collection agency?

    Answered over 1 year ago.

    1. Robert David Humphreys
    2. Eric Jerome Gold
    3. Donald A Green
    3 lawyer answers

    The Furnisher is the business that provides credit data about you to the credit reporting agency. If the debt collector reported the data, they have to verify it. If the credit grantor reported about you, it would be their obligation to respond to your written dispute. Go to Hwh-law.com and click on the credit reporting tab for more details on how to dispute a trade line on your credit report. Feel free to give us a call.

    3 lawyers agreed with this answer

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  10. What are the steps in terminating a attorney in Ok.

    Answered 3 months ago.

    1. Kevin H. Pate
    2. Robert David Humphreys
    2 lawyer answers

    You are the boss. It's your case and your problem. Get your questions answered. Or fire him. Make it clear what you want. And tell him. Good luck.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful