Archived
Is a private student loan collection company still allowed to collect on a debt that the original lender states is 'claim paid'?
Lewis's answer
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Answered on October 16, 2014
A private student loan cannot garnish without a judgment in court. It is federal loans that can garnish without a lawsuit.
You are not...
Archived
If I have changed jobs and previously had garnished wages for student loans, can I now schedule to make payments instead?
Lewis's answer
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Answered on October 15, 2014
I am assuming this is for a federal loan. You would need to get out of default by rehabilitating the loan. Then you can get into an income driven...
I have been named as unknown spouse on my wife's foreclosure, dose this mean they can chase me for money owed?
Lewis's answer
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Answered on October 12, 2014
The lender has to list everyone who might have an interest in the property. Once you become married, the property possibly become homestead...
Archived
I am filing Chapter 7 Bankruptcy without homestead and the Trustee will want my house, when do I have to move out?
Lewis's answer
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Answered on October 10, 2014
Depends on the trustee. No way of knowing. Sometimes they do nothing and you get to stay until the lender finishes the foreclosure. Sometimes...
Archived
Is a note owing money enforceable without signatures from both parties and a notary or witness?
Lewis's answer
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Answered on October 08, 2014
Possibly. A promissory note does not need witness(es), nor a notary, to be considered valid. Nor is a promissory note signed by the person who...
Archived
Is it a violation of the Fair Debt Collection Practices Act and bankruptcy law to contact you when you have legal counsel?
Lewis's answer
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Answered on October 07, 2014
You should speak to your current counsel as he or she may probably handle the matter.
It is tricky as to whether the lender violated the FDCPA. ...
Do I have to sign the HELOC deed of trust if I do not want to take title?
Lewis's answer
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Answered on October 07, 2014
Likely, the lender is going to require you to take title. I suspect then you would quitclaim off later.
This may be a horrible idea to co-sign....
Archived
I want to file bankrupty in Delware but, want my home in Port Richey protected. How do I do this?
Lewis's answer
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Answered on October 05, 2014
I would seek out a bankruptcy attorney in Florida. The filing makes more sense in Florida. The majority of your assets are here, and your...
Can we sue junk debt buyer for FCCPA Fla consumer collection violations only since I think FDCPA viols are past SOL?
Lewis's answer
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Answered on October 05, 2014
You may have a claim against the law firm who filed the lawsuit as well. This is very fact specific and you would need to sit down with an...
Archived
How likely is it that a loan modification will be granted ?
Lewis's answer
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Answered on October 01, 2014
No one can possibly give you an answer based on no information. You need to sit down with an attorney to go over your situation in detail.
I...
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