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Nanina Dekyi Takla's Answers
- 98 Legal Answers
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2
Attorney answers:
In Oregon does the lender have to provide 20 days notice if thay are going to postpone a Trustee Sale, and what if they do not
You're misreading the statute. The lender and/or foreclosure trustee can postpone the sale up to 180 days from the original sale date simply by announcing the new date at the time and place set for sale -- ORS 86.755(2). A foreclosure trustee is only required to give the homeowner/borrower an amended notice of sale if the sale was stayed by court order or bankruptcy and the beneficiary (i.e. the lender) didn't participate in obtaining the stay. ORS 86.755(9) and ORS 86.755(10). Basically, the...
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Attorney answers:
How do I help my mentally disabled(schizophrenic) brother fight credit card collection? Is there an advocacy group out there?
Depending on what type of bank it was, your brother might have a cause of action under the Oregon Elderly Persons and Persons with Disabilities Abuse Prevention law. This law provides for attorney fees and triple damages, so a consumer attorney might be willing to take the case on a contingency basis (which means they only get paid if they win). Try the National Association of Consumer Advocates (NACA) to find a consumer attorney in your area. The catch is, if it's a national bank, such as...
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2
Attorney answers:
Can I garnish someones alimony or unemployment?
In Oregon, both spousal support (aka alimony) and unemployment are exempt (protected) from collection by a judgment creditor, which is what you are. The exemption for spousal support is in ORS 18.345(i) and the exemption for unemployment is in ORS 657.855. Spousal support and unemployment deposited in a bank account remain exempt, up to $7,500, ORS 18.348. The link to the Oregon Revised Statutes is below.
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2
Attorney answers:
What is the norm on deficiency judgments in oregon
If it was a non-judicial foreclosure (and almost all residential foreclosures are non-judicial), then you can't be sued for any deficiency on the mortgage that was foreclosed. If the property was your primary residence, then even if it was a judicial foreclosure, the mortgage holder still can't sue you for a deficiency. Any mortgage holders that are inferior to the one that foreclosed, however, can still sue you for any deficiency -- the only exception is if the other mortgage was taken out at...
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1
Attorney answers:
How long after my house sells in foreclosure do i have to move out in oregon?
Once your property has been sold, then the foreclosure trustee will issue a deed to the buyer w/in 10 days or less. Once the buyer has the deed, then he or she can file an FED (eviction) complaint against you. The first hearing on an FED complaint should be within 15 days of when it was filed. If you don't show up to the hearing, then the court will enter a judgment against you and the buyer can legally evict you. If you show up, you can either negotiate with the buyer's attorney for a specific...
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3
Attorney answers:
Can a judgement be made against jointly owned property when debt is in my name only and income is only social security?
The credit card companies can get a judgment against you by suing you for non-payment. What they can't do is collect that judgment from your social security disability payments. You should, however, take a couple of precautions if you think you will be sue -- make sure your money is direct deposited into an account that is in your name only -- if it goes into a joint account, a creditor can garnish that account -- you will eventually be able to get your benefits back -- but in the meantime, the...
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4
Attorney answers:
Will the bank go after my parents?
Your question is a little confusing because you refer to rent rather than mortgage payments. I'm assuming that you mean that your parents borrowed $170,000 to buy a house and that the monthly mortgage payments are $1,900, which is more than your parents' take-home pay. If your parents stop paying on the mortgage, then the bank will eventually foreclose -- it can do this non-judicially through a trustee sale or judicially, by suing your parents. As long as the bank brings a non-judicial...
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3
Attorney answers:
In Oregon, does a junior lienholder need to pursue foreclosure before filing a breach of contract suit?
If your home is underwater, your second lien holder isn't going to foreclose because it would get nothing from the foreclosure. When you sign a mortgage, you're signing two pieces of paper -- one is the note, which is the contract by which you promise to pay back the money you borrowed. The other is the trust deed (in Oregon, there are almost no mortgages on residential properties), which secures your promise to pay -- i.e. if you don't pay, the lender has the right to take the property which...
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1
Attorney answers:
I recieved a summons for failing to pay a debt to Credit card Capital One . What will happen at court, how do I prepare?
This is what will happen if you don't do anything. Capital One will get a default judgment against you -- which basically means that, since you didn't show up to defend yourself, the court finds in favor of Capital One. Once it has the judgment, Capital One can execute on the judgment. This means it can get a court order to garnish your wages or seize money in your bank account or direct the sheriff to seize your personal property. My experience with credit card collection in Pennsylvania is...
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1
Attorney answers:
My 2nd is for 93,000 my bank offered a payoff of $5000 after they charged my 2nd off, if I pay can I stay in my home.
If your question is, can the lender of your second mortgage issue you a 1099 if they forgive $88,000 ($93,000 owed less a pay off of $5000), the answer is yes. The amount that has been forgiven is considered income by the IRS and the lender is required to to issue you a 1099. Even though you get a 1099, you might be able to exclude some or all of the debt forgiveness. The "Emergency Economic Stabilization Act of 2008" allows homeowners to exclude forgiven debt on qualified principal...
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