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#1
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| I live in Goodyear Arizona. This is a community property state and my husband is over extended in debt. We moved here two years ago from Washington (another community property state) and he purchased a doublewide home in his name only. He did all of the transaction through the mail, and they called me (Mobil park sales person) and asked me to sign a disclaimer, because at that time I had filed for bankruptcy 2 years earlier. Somewhere between my signing and sending off the disclaimer to now, the paper has never been filed, and no one can find it (also they act like there never was one). Now the credit company has been harassing me for the payments and said If he doesn't pay I will have to, and I could have 40% of my check garnished to pay it off. What can I do? They even had him sign over his rights to the property (release of rights, but never asked me to sign such a form???). What should I do?? |
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#2
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| How do I say this? He bought while married to you. Your debt, as well. What was the supposed disclaimer supposed to do? ____________________________________________________________ I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship. |
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#3
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Disclaimer deedWell the disclaimer deed was supposed to help the finance company from me, and me from them. Now my husband has gotten a certified piece of mail from the company stating that HE is in default, and from their lawyer (who coincidently on their letterhead does not practice in this state!?!) that states HE is in default and he has 30 days to respond. No piece of mail, or form has ever been given to me for signing; including voluntary repossession. I have looked into cases in AZ and the judges have been very admit about not granting suites that when in our state trying to get the money from one spouse and when that doesn't work trying to then collect from the other. They basically say YOU must collect from both. So I am not sure where I stand. But the collector is still calling my husband and me at work when we have told him not to (4 times now). |
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