Nanina Dekyi Takla’s Answers

Nanina Dekyi Takla

Oregon City Chapter 7 Bankruptcy Attorney.

Contributor Level 11
  1. 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

    Answered over 3 years ago.

    1. Nanina Dekyi Takla
    2. Theodore Lyons Araujo
    2 lawyer answers

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

    Answered almost 2 years ago.

    1. Nanina Dekyi Takla
    2. Jay Bodzin
    2 lawyer answers

    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...

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

    Answered almost 2 years ago.

    1. Bruce C Truesdale
    2. Michael Curtis Greenberg
    3. Jason Anthony Burgess
    4. Joseph J Rogers
    5. William Joseph Balena
    6. ···
    10 lawyer answers

    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 --...

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

    Answered 11 months ago.

    1. Nanina Dekyi Takla
    2. Christine B. Adams
    2 lawyer answers

    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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  5. How do I help my mentally disabled(schizophrenic) brother fight credit card collection? Is there an advocacy group out there?

    Answered over 3 years ago.

    1. Nanina Dekyi Takla
    2. Dorothy G Bunce
    2 lawyer answers

    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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  6. Can I garnish someones alimony or unemployment?

    Answered over 3 years ago.

    1. Nanina Dekyi Takla
    2. Dorothy G Bunce
    2 lawyer answers

    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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  7. What is the norm on deficiency judgments in oregon

    Answered over 3 years ago.

    1. Nanina Dekyi Takla
    2. Theodore Lyons Araujo
    2 lawyer answers

    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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  8. How long after my house sells in foreclosure do i have to move out in oregon?

    Answered over 4 years ago.

    1. Nanina Dekyi Takla
    1 lawyer answer

    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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  9. Can a judgement be made against jointly owned property when debt is in my name only and income is only social security?

    Answered over 3 years ago.

    1. Nanina Dekyi Takla
    2. Andrew S. Bresalier
    3. Joshua P Friedman
    3 lawyer answers

    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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  10. Will the bank go after my parents?

    Answered over 3 years ago.

    1. Nanina Dekyi Takla
    2. Robert J Harris
    3. Daniel Robert Hamad
    4 lawyer answers

    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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