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Nanina Dekyi Takla

Nanina Takla’s Answers

111 total


  • Are homeowners currently in judicial foreclosure eligible for mediation under SB 558?

    We filed an answer to Wells Fargo's complaint and haven't heard back for over a month. We'd like to pursue mediation. But can't tell from here if it's available and if it will do any good. Don't want to give up fighting for our home, but also gett...

    Nanina’s Answer

    • Selected as best answer

    If the foreclosure was filed before SB 558 went into effect on August 4, 2013, then there's no requirement for the bank to participate in foreclosure mediation. The best thing you can do is to work with a HUD-approved housing counselor to see what your options are -- filing the answer bought you some time, but won't stop the foreclosure.

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  • Oregon Divorce - Ex Wife failure to pay Credit card debt

    My Ex wife agreed to pay a specific credit card debt in our divorce. She has not. The card is in my name all our debt was in my an as she had lots of things in collections when we got together. I've been told once that I have to pay off the debt ...

    Nanina’s Answer

    As far as the credit card companies are concerned, you are responsible for the debt -- they are not interested in any side agreement you had with your ex. In terms of whether you can collect from your ex, as other contributors noted, it would depend on the what your divorce judgment said.

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  • Is it true that you have an amount of time after a forclosure, which you can still pay off your entire loan keeping the property

    After foreclosure date is there a remaining amount of time in which you can still pay off and maintain your property?

    Nanina’s Answer

    Yes, if it was a judicial foreclosure, you have the right to "redeem" the property within 180 days after the sale. There are laws that govern the process of redeeming, so if you're in a position to do this, you should consult with a lawyer.

    Keep in mind that you are required to pay what the purchaser paid at the sale (if there's no equity in the property, then the bank will likely buy it back for the amount you owe), any taxes due on the property, any money the purchaser spend paying off superior liens & any money the purchaser expended to preserve the property plus 9% interest from the date of the sale.

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  • Ex discharged the mortgage but still on deed, living in the house but not paying.

    My husband purchased a home with an ex gf in 2004. He moved out in early 2009 but continued to make the mortgage payment until 7/2009 with the promise in writing that she would refinance. Over the years we've made consistent contact in certified l...

    Nanina’s Answer

    You seem to have a couple of questions here, both bankruptcy related and real estate related. The short answer to your question is that mortgage is going to remain an obligation of your husband unless and until he files bankruptcy himself or he and the ex get rid of the property through 1) a sale, or if it's underwater, a short sale; 2) a deed in lieu or 3) foreclosure. Regarding your husband's ex's (I'm going to call her the Ex to make it easier) chapter 7. By filing a Chapter 7, she got rid of her obligation to pay back the loan to the mortgage company. If there was less than $40,000 of equity in the house (almost a certainty) and she was still living there when she filed, then the house wouldn't have been sold as part of the bankruptcy as one contributor suggested. She also probably got rid of any obligation towards your husband regarding paying for the house through the Chapter 7, unless there was fraud involved. If it was a "no asset" case, then the fact that your husband didn't get notice of the bankruptcy doesn't really matter.
    Even though she got rid of her personal obligation, she is still on title to the property, so she would have to participate in a short sale or deed in lieu.
    The other problem your husband is facing is that if no one is making the payments on the mortgage, then the bank will foreclosure (assuming he & the Ex aren't able to do a short sale or deed in lieu). Most of the foreclosures in Oregon right now are judicial foreclosures. If the mortgage company does a judicial foreclosure and the property is sold for less than what is owed (which almost always happens in this housing market), then your husband is liable for the deficiency -- the amount owed on the mortgage less what the bank got for it in a foreclosure. If the bank does a non-judicial foreclosure, then your husband won't be liable for the deficiency. If the bank does a judicial foreclosure,then only way your husband would avoid being liable is if the property is his primary residence at the time the mortgage goes into default. The Ex will not be liable because she got a Chapter 7 bankruptcy discharge.

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  • I co-signed a car loan with my ex husband two years ago.

    I know I can't take my name of unless the car is paid off or he gets another loan, but is there anything else I can do? Can I take the car back some how? Can I get a judgement for the car to be turned over to me? My name is on the registration as ...

    Nanina’s Answer

    As a co-signer, you're jointly and severally liable for the debt -- this means that if your ex doesn't pay, the car loan company can come after you for the full amount. Your only option then is to go after your ex for his share . . . .
    As Jay noted, if you co-signed and co-owned the car when you were married, dividing up the asset and debt should have been taken care of in the divorce. The divorce judgment could not have taken care of your liability to the loan company however, it just would have made your ex responsible for reimbursing you if the loan company went after you.
    If you co-signed after you got divorced . . . well, if your ex isn't making the payments and you're willing to do so if you get the car, the simplest thing would be to try to make an arrangement with him so that you can keep the car and make the payments. If you can't come to an agreement, then your options are pretty limited. You each have an equal right to possess the car. You may be able to persuade a court that you should be allowed to possess it exclusively as long as you make payments, but I don't know of any legal mechanism that would let you do that. Oregon allows for the partition of real property (which is allowing a court to devise a way to split up jointly owned real property of the owners can't agree on what to do), but I don't think there's a statute that covers partitioning personal property.

    good luck!

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  • Do I need to file a Counterclaim against debt collector to have court cost paid or the item removed from credit report?

    I have been served with a civil suit from a collection agency. It is for medical bills. The amount owed is incorrect. I have attempted to resolve this issue before action would be taken.

    Nanina’s Answer

    You should consult with an attorney. The Oregon Lawyer Referral Service will give you the name of an attorney who will provide you with a half hour consult for $35.
    If the only issue is the amount that you owe rather than whether you owe the debt at all, you are unlikely to prevail if you proceed on your own, especially if you can't back up your position with documents.
    In terms of getting anything done with your credit report, yes, you would have to file a counterclaim but again, that is not something you should contemplate doing without at least consulting with attorney.

    good luck!

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  • 3rd party collector trying to collect on a cc debt from 13 years ago. It was opened without my knowledge. What are my options?

    I disputed the debt as I had no knowledge of the cc existing. When I requested proof of opening the account they sent me the authorization form but it was not my signature. This was within the last few weeks. The letter states that they are unab...

    Nanina’s Answer

    At least the third party debt collector was complying with debt collection law and admitted that it had no legal right to sue you. Depending on the the credit card company and the agreement, the statute of limitations to collect on a debt ranges from two to six years, so no matter what, this debt is way too old.
    You should get a credit report to make sure that there aren't any other credit cards that were opened without your knowledge. Use annualcreditreport.com (the link is below) to get your free credit report - any other site may try to get you to sign up for products you don't need, such as credit score monitoring. If someone was opening accounts in your name 13 years ago, they probably won't show up on your report as delinquent debts can only be reported for 7 years from the delinquency.

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  • Can a credit company require you to garnish an employee's wages without a court order?

    I manage a business in Jackson County, Oregon. I have received a letter from a credit service with form 137-060-0110 County Tax – Notice of Garnishment requesting our company to garnish an employee’s wages. It is a form anyone can download from th...

    Nanina’s Answer

    County taxes can be collected without obtaining a court order as long as a tax warrant has been issued. If the attorney is the authorized representative of the tax collector, then the attorney can sign the garnishment. You should consult with an attorney to make sure that the garnishment notice is legitimate. At the very least, you might want to contact the county tax collector to confirm that a tax warrant was issued and the credit services company is authorized to act on behalf of it.

    good luck!

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  • Should i file for bankruptcy or should i just ignore all judgments and debts? I have no assets and little income.

    should i file for bankruptcy or should i just ignore all judgments and debts? I have no assets and little income.

    Nanina’s Answer

    That's a very fact-specific question. If you are truly "collection proof," meaning that you don't have anything that a creditor could take from you, even if they sue you and get a judgment, then you might not get anything out of a bankruptcy. On the other hand, some people find the calls and letters so stressful that they want the peace and quiet they could get from the bankruptcy.
    One option that you might want to explore is to send "cease and desist" letters to the debt collectors -- basically, you write and tell them not to contact you on the debt because you don't have the ability to pay. If they fail to honor this request, you may have a Fair Debt Collection Practices Act claim (keep proof that you sent the letter). Of course, once you send the letter, the debt collector might just sell the debt and you'll have to send a new letter to the new collector. I'm guessing that one of the reasons you don't want to file is that you can't afford an attorney -- check with your local legal services office -- they might be able to take your case or help you find a volunteer attorney.

    good luck!

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