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Antoinette Cara Liewen

Antoinette Liewen’s Answers

1,039 total


  • Is our chances slim to none if a debt collector used tactics like jail and body attachment to receive funds for a payday loan?

    My mother received a call from a company stating if she does not pay today that she will go to jail and they will get a body attachment and have the sheriff take her to jail. for a payday loan 2007 Now I know this is not true, but my mother got sc...

    Antoinette’s Answer

    From your description, the collector may have violated the Fair Debt Collection Practices Act as well as the Rosenthal Act. You should contact an attorney right away to discuss your legal options.

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  • Can I be sued on (2) "Promissory Notes" if the lender has given me a "Full Reconveyance" on my mortgages?

    Now that the lender now longer has collateral on my home by giving me a "Full Reconveyance" on the (2) deeds that were recorded on my 2nd & 3rd mortgage on my home, can they sue me personally for the debt owed, or, does a "Full Reconveyance" legal...

    Antoinette’s Answer

    To properly answer your question, much more information is needed. You should take all your documents to an attorney for a review of your situation.

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  • Currently I have attorney having me pay $1500 to help settle 2nd mortgage. Can they do that, receive money before any settlement

    2nd mortgage 100% upside down and house needs lots of work but unable to do cuz no xtra money. Attorney requested $1500 before settle and $1000 after. Is this legal

    Antoinette’s Answer

    Since the attorney is negotiating a settlement of your second mortgage, there is no reason why he/she can't request the attorney fees as you stated.

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  • Is a deed in lieu of foreclosure accompanied by a quit claim legal if never recorded or notarized

    I borrowed six hundred thousand dollars to start a business and secured the loan on my property. The business did not go well so I signed and delivered a deed in lieu of foreclosure accompanied by a quitclaim agreement to the lender's nominee and ...

    Antoinette’s Answer

    A deed is not invalid for lack of recording. You should take all your documents, contracts, notes and escrow instructions to an attorney for review of your individual situation.

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  • How can I obtain settlement for my lien from a junior lienholder who foreclosed?

    I have a senior lien on a property. There is also a junior lien. The junior lienholder foreclosed on the property, but I was not contacted to obtain the satisfaction of my lien. How can I obtain settlement for my senior lien? Do I need to put my r...

    Antoinette’s Answer

    In California, the junior lien cannot foreclose without paying off the senior lien unless the junior lien is an HOA lien. So, more information is needed to properly answer your question. Also, I don't understand what you mean by: "How can I obtain settlement for my lien from a junior lienholder who foreclosed?".

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  • Why is Portfolio Recovery Associates suing me?

    I received a letter from an attorney that Portfolio Recovery Associates is suing me for an unpaid debt. I do not know what company or business I owe money too. I have not received any telephone calls nor have I received any over due letters from...

    Antoinette’s Answer

    In addition to the other answers, Portfolio Recovery has been fined by the Attorney General of New York for filing lawsuits and obtaining judgments on debts that were time barred. You should consult with a knowledgeable bankruptcy and/or debt settlement attorney to review your matter.

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  • Hello, I regrettably had to stop making payments on a Us bank line of credit(1,000), and credit card(1,000).

    I don't even have the invoices etc. I received a letter (prob calls that were considered spam and blocked)from a law firm Weltman, Weinberg & Reis advising I contact to try and resolve. My research shows, they're horrific and dishonest. I'd prefe...

    Antoinette’s Answer

    Weltman is a debt collection law firm. The bank sent the account to Weltman because you probably didn't respond to the bank's attempts to contact you to resolve the delinquent account. Most likely the account has charged off. Since US Bank has sent the account to them for collection, it is unlikely that the bank will deal with you directly. If you don't resolve the account with Weltman, they will send the account to a California law firm to try to collect and then file a lawsuit against you.

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  • Separate property in joint tenancy

    My husband claims that since part of the money for buying house during marriage came from his funds from before marriage he should first we given that portion of funds back on sale of house and when splitting proceeds. My research shows that prope...

    Antoinette’s Answer

    It looks like your husband made a gift of his separate property to the community. If you are divorcing, your attorney will make that argument. If there is no agreement, the judge will decide that issue.

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  • Does a mortgage after a bankruptcy discharge need to go into foreclosure whether or not you reaffim?

    CH 7 dIscharge in CA over two years now. Did not reaffirm mortgage but continue to make payments. Want to purchase a new home and walk from this one. Been told buy several lenders we have to let the house go into foreclosure and wait an add...

    Antoinette’s Answer

    You can't "walk" from your current home and expect to purchase a new home. A better strategy would be to short sell your current home and buy another home in the future. A short sale while keeping your payments current is less harmful to your credit than a foreclosure.

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  • I received a Notice of Default on my mortgage 40 days ago.

    Today, a home inspector from the lender Nationstar, came and took pictures of my house. I understand I have about 110 days from the date of default, before my house is sold at auction. Maybe, my house need a repaint. Can the lender accelerate the ...

    Antoinette’s Answer

    The sale can be scheduled after the NOD expires -- 90 days form the date of recording. Rather than letting your home go to a foreclosure sale, you should consider a short sale. There is no cost to you, you are protected if you have a second mortgage and you may be given relocation fees.

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