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 almost 2 years 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 about 1 year 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 10 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...

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

    Answered about 2 years 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 about 2 years 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 about 2 years 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.

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  7. My wife and I are going through a foreclosure. Moved into a place given to us by my mother. Can the mortgage company take it.

    Answered 5 months ago.

    1. Janet Monique Okoye
    2. Robert David Humphreys
    3. Kevin H. Pate
    4. April DeAnn Taylor
    5. Shelley Ann Elder
    5 lawyer answers

    You should always protect yourself from predator banksters. Don't accept any gifts until you are sure the bank has walked away. You are liable for any personal judgment that the bank may take against you.

    2 lawyers agreed with this answer

  8. My mortgage company said they are going to start legal action. What does this mean for me

    Answered 5 months ago.

    1. Robert David Humphreys
    2. Kevin H. Pate
    3. Michael Christopher Burr
    3 lawyer answers

    They mean they are going to sue to foreclose on your home. You need to get a legal opinion on whether they should have offered you a mod. It can be a complicated analysis and depends on the loan program and investor. Get advice now!

    2 lawyers agreed with this answer

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

    Answered 7 months 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...

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

    Answered almost 2 years 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!

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