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Timothy George McFarlin
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Timothy McFarlin’s Answers

248 total


  • Am I responsible on 2nd. loan on home foreclosed in 2008?

    Lost my home that had 2nd mortgage with original loan, now being harassed to pay 2nd. loan. Am I responsible for payment for that loan, afore mentioned home has been resold by loaner bank.

    Timothy’s Answer

    I agree with the analysis of the previous answer, however, I'd add that if the foreclosure sale took place in 2008, the creditor has a serious statute of limitations (sol) issue. The sol on a breach of written contract claim is 4 years in California, so as long as you have not made a payment to the creditor, or any predecessor in interest, in the past 4 years, you have a legal defense in any lawsuit that would be filed.
    My suggestion is that you treat the creditor calling you like a debt collector, and send them a "cease and desist" letter (many samples available online), citing the statute of limitations, and you probably won't hear from the creditor again.

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  • Is there a time limit for filing proof of service of a summons? Also, is there a Time limit for serving summons from date filed?

    I filed my answer but plaintiff hasn't filed proof of service yet. I was served on day # 150, isn't there a 120 day limit?

    Timothy’s Answer

    Although there are sections of the code that apply to service of the Complaint and the filing of the proof of service, what it always boils down to is what the judge thinks is reasonable. If the Complaint has been served, and an answer filed, it is unlikely the judge will care to revisit the issue.
    At this point it is time to begin preparing your defense in the case. Litigating a case in pro per will be challenging, you may consider speaking with local attorney's or contacting the other party to try and resolve the issues.

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  • Victim of a hit and run while on the job. Who can i collect compensation from for future medical expenses and pain and suffering

    I am a victim of a hit and run accident while on the job, and suffering with severe back injuries and will most likely have to suffer from this accident for the rest of my life. Workers comp is covering my medical expenses and some of my lost wage...

    Timothy’s Answer

    You are in a good position to get your future medicals paid and get compensated for pain and suffering as well as lost wages because you have both the driver to collect from (who likely has insurance), as well as the employer. I know you mentioned it was a hit and run, but typically law enforcement investigates hit and run accidents fairly thoroughly so it is quite possible they will track down the driver who hit you.
    If that doesn't pan out, of course you'd still potentially have your employer to recover from since you were on the job at the time of the incident. You should certainly seek the advice of an attorney right away.

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  • How long will my house be in foreclosure until bank sells in CA? Is there a way to reduce foreclosure fees?

    Ive had my home for 5 years. My interest rate is 6.7%. I tried to refinance but my lender, BOA declined. I wasnt eligible to modify either according to BOA. A rep at a BOA branch suggested being late a few payments to qualify for mod. I was late ...

    Timothy’s Answer

    It is highly unlikely that the lender will voluntarily agree to reduce their fees so you can have more equity. Those fees are based on the terms of the mortgage contract, which allows lenders to include a variety of fees, charges and interest when payments are not being made.
    However, it seems that the lender in fact advised you to stop making payments so they could (supposedly) work with you on a modification. This has been looked at quite negatively by many courts. Your best bet may be to explore your scenario in more detail with a foreclosure attorney, you may have some negligent misrepresentation and Homeowners Bill of Rights issues to work with in trying to keep the house without having to pay the $50K all at once.

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  • I think I have been a victim of one of the Bank of America illegal home modifications, what legal recourse do I have please?

    Three years ago had a home modification done through Bank of America which was to include my BofA line of credit. It did not. Now a collection agency has put a lien on my home for $40K which with the first mortgage exdeeds the total value of the ...

    Timothy’s Answer

    The previous answer addresses the questions very well, I would only emphasize that the question here comes down to what is in the modification contract between you and B of A. You said there is a provision combining the first and second, this is very unusual, but could be possible. That document will determine what rights you have and whether the lender took some unlawful action. You probably should have the modification contract analyzed by a foreclosure attorney before going too much further, many of us offer a free consultation.

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  • Can the beneficiary of a HELOC evict me without Paying off the first Deed of Trust

    A private investment firm bought my HELOC from CHASE without me knowing. While I was negotiating with CHASE they sold the HELOC at a Trustee's sale and recorded a Deed upon Sale. I'm still current on my first and the HELOC has not paid off the ...

    Timothy’s Answer

    As the previous answers mentioned, the lender who foreclosed takes the property "subject to" the first mortgage, and it is not per se unlawful to take this action when payments are not being made and they can evict you. However, you mentioned that you were "negotiating with Chase" who I presume is the predecessor in interest to the actual lender/servicer who foreclosed. It certainly sounds like it may be "dual tracking" to me if this is the case. Under the California Homeowners Bill of Rights, a lender may not be negotiating with you on the one hand, while at the same time taking action to foreclose. It's something you may want to explore with a foreclosure attorney, many of us offer a free consultation and can give you a goo idea of what to expect.

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  • An opportunity to cure my forbearance default was offered by my lender through certified mail that I recieved 36 days after sent

    My lender has terminated my forbearance agreement and requested through certified mail (that arrived 36 days late) that I pay the total amount of the forbearance/attorney fees of $16K instead of the agreed plan of $7K. Due to the lateness of the ...

    Timothy’s Answer

    Unfortunately if you breached the original forbearance agreement, you no longer have a right to enforce the agreement. I would view the certified mail letter more as a courtesy from the lender rather than something that would give you legal rights against them. However if you have a strong desire to keep the property there may be other options for you outside the forbearance agreement depending on they lender and type of loan. You should at least discuss the matter with a foreclosure defense attorney, most of us offer a free consultation.

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  • Can I be charged with "fraudulent check charges"over 7 year old payday loan?

    I got an online payday loan 7 years ago. Collection company "Capital Providence" (I cant find any information on this company or the phone number online)has stated they filed a claim on me and that they are pressing charges for writing a fraudulen...

    Timothy’s Answer

    Nothing about this situation sounds legitimate, I too believe it to be a scam. You are correct in that the statute of limitations on a breach of written contract in California is four years. So as long as you have not paid on it within the past four years it's outside the statute and you have a legal defense to any lawsuit to collect the money.
    As far as criminal prosecution, it is unlawful for a debt collection agency to make threats in this manner. Further, any criminal prosecution is done by the District Attorney, not a private company such as a debt collector. I can assure you, the District Attorney is not interested in prosecuting you for a bounced check from seven years ago, especially with incomplete evidence from a third party.
    My advise would be to not speak to them again, block their number, or find an attorney to sue them for unlawful debt collection practices.

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  • For taxes, I owe around $9,000 because I am self employed. If I pay the IRS is the 9k avoidable in Chapter 7 bankruptcy?

    After reviewing the exemptions, I have about $10,000 left of assets that I believe I cannot exempt under the 703 code. My question is can I pay the IRS $9000 and then file Chapter 7 (within 90 days) or will the bankruptcy court likely take the ...

    Timothy’s Answer

    There are bankruptcy solutions to work around your situation and get the IRS paid without compromising your discharge. Yes, it's a preference but that doesn't necessarily mean the trustee will seek to recover the money from the IRS. You can accomplish your goals, but it's a tricky case requiring some planning. You should speak to a local bankruptcy attorney right away to get the process underway, and you are on the right track.

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  • I had a credit card with American Express with a balance of around $13,000. [...] A default judgement with bank levy in effect.

    I was previously making the payments but came into financial issues (almost lost my home in foreclosure), ignored the notifications from AMEX and ultimately the debt was sent to ARSI for collections with a local attorney handling the claim. Fast f...

    Timothy’s Answer

    At this point, the only thing that changes any of what's happening is a bankruptcy. A chapter 7 would discharge the debt and end all future collection activities on this debt, and any other debts or judgments you may have. You'd want to file right away to stop them from taking more money or garnishing wages. If you are married they can also garish your spouses wages and levy those accounts as well unfortunately.
    It is highly unlikely the creditor will negotiate with you at this point as they have done all the work to get your money, all they have to do now is sit back and wait for the bank/sheriff to collect for them. The underlying case has also already been decided (in the creditors favor) and can not be re-litigated unfortunately. There are many excellent local bankruptcy attorneys that can help you.

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