Will filing a quit claim deed get our name off the title of the home we received a bankruptcy discharge on in 2009.: We filed bankruptcy in 2009, our home mortgage was discharged and not reaffirmed. The house caught fire on 2012, insurance paid to rebuild but lender never released any funds. No foreclosure filed, no trustee sale. We are stably employed again and want to purchase a home.
Christopher’s answer:
I think there is a piece missing to the answer. The question is: "'Who are you going to quit claim" the property to? A Quit Claim does transfer title. However, you need a willing recipient (Grantee) to accept the transfer of the title. As the Grantor you can't simply select someone or some entity as a Grantee, record the deed and magically make some one the new owner of the real estate. There are some "gifts" that people don't want.
So, I'm going to read between the lines a little bit. If your question is "Can I execute a Quit Claim Deed as the Grantor, name the lender as the Grantee and transfer title to the lender without the lender's acceptance and consent to the Quit Claim Deed" then the real answer is NO. In order to transfer title, you need to having a willing Grantor and a willing Grantee who will accept the transfer of title.
As a last note, although you filed bankruptcy and your in personam liability on the Promissory Note has been discharged, the mortgage lien remains attached to the real estate. So, whomever you transfer title to will take the real estate subject to existing liens.
I was not notified of a garnishment proceeding and was garnished, what is my legal recourse?: I owed for a credit card debt back in the 1990's and they have garnished me not once, twice, but now on the third time and they never sent me any way to show up to court or any notices. Once the garnishment is in effect I can not stop it. I have not been able to obtain any information from Asset Acceptance about the original debt and I moved into a new house in 2012 and had paid off all of my debts. Please help.
Christopher’s answer: Contact a bankruptcy lawyer to find out your options. Most of us offer free initial consultations. Once thing you need to be aware of is filing bankruptcy alone is not good enough to protect your house from the judgment lien. You will need to order a title report to see if the judgment lien has attached to your house. If you decide to file bankruptcy, you can file an 11 USC 522(f) lien strip motion to remove the judgment lien during your bankruptcy if the judgment lien impairs your homestead exemption equity.
Can I fight collections for defaulting on an agreed payment plan and attempting to sue me without notification: My girlfriend was making monthly automatic payments to collections and they stopped withdrawing the money. They said when the payments were over this would happen. However the payments were not over, they had changed their banking procedures and the payments stopped. We were never called by phone, nor was her workplace. We never received any mail regarding the matter and now they are attempting to sue her for the remaining balance and roughly $1000 in interest and fees. Is this a case worth fighting and would a counter-sue be advised?
Christopher’s answer:
My answer is not going to be much comfort but, this is a common tactic of collection agencies. A similar question was asked recently that I answered. Below is the question and part of the answer. To see the full answer, click on the link below:
Q: I have been making payments to a debt collector and now have received an “ex parte” notice; why the summons?: I have made payments for the last 4 months per their “EZ Offer” and now have received an “ex parte note for hearing issue of law” from the debt collector…why are they requesting this when I have been making payments?
Asked 6 months ago in Debt Collection
A: Christopher’s answer: Welcome to the World of Debt Collection. A common tactic of collection agencies is to set you up on a “payment plan” in order to induce you to provide important information to the collection agency so that they can easily garnish you later if (and when) they obtain a judgment against you. Usually, they ask for your employer information as a condition of setting up the payment plan. The reason? So, that when they get a judgment, they now know where you work and can send a garnishment to your employer and garnish 25% of your gross wages.