Desperate - Forced Sale - Court Date 1/14/08

[caitlinleal]

What is the name of your state? - Oregon

On January 14 we have to stand before a judge and fight for our home. Someone bought our Chase Manhattan credit card debt, tacked on 26% interest and is now demanding a short sale on our home.

I've exhausted every avenue attempt at retaining legal representation and have had no success.

It is not a foreclosure; all mortgage and taxes are current and always have been.

Looked into bankruptcy a few years ago - was advised against it due to having too much equity in the home.

Any advice you can lend will be greatly appreciated as we are a week away.

Thank you!!!
-Desperate

[TiredOfAbuse]

Have you looked in getting help from Legal Aid Services? They help low-income consumers. If you can, get into contact with them immediately.

[url]http://www.lawhelp.org/program/694/index.cfm[/url]

Another good link for info (including exemption rules for OR)

[url]http://www.oregonlawhelp.org/OR/index.cfm[/url]

I've read a little on Oregon exemptions, and it looks like each member of the household that is responsible for the debt has a $30,000 equity exemption of house/property. If both you and your husband are responsible for the debt, that is a $60,000 exemption coming from the equity of the home. Yes, the exemption laws state specifically that each responsible person can claim $30k and it stacks. If you can exempt more equity then what you currently have, you may be able to save the yourself from the forced sale!

I'm crossing my fingers that you do!

Still - see if you can get into contact with Legal Aid Services to ensure your defense is properly set up.

Good luck and I am sorry I can't offer you more.

TiredOfAbuse

[debtcollector`]

Let's read between the lines: You refused to pay your credit card bill. They sued you and you lost. Now they have executed on your home because the equity exceeds the exemption.

It is possible that you are truly too dense to figure out what to do, therefore I am helping:

Moving companies to assist you in the move:
[url]www.allied.com[/url]
[url]www.OrbitzMoving.com[/url]
[url]www.vanlines.com/[/url]
[url]www.relocation.com[/url]

If you like we can also post the address of nearby soup kitchens.


This is something with which you had ample time to resolve. Frankly, if my assumptions at what you wrote and meant are correct, you deserve to have your house sold out from under you. If not, it sucks but you should have handled it a long time ago anyway.

DC

[Random411]

Hey DC go screw yourself. This person asked for help not your friggin opinion and attitude. If you didnt have anything helpful to say to them just STFU. If they hadnt been advised by a lawyer to do nothing about it they would have you jackhole. So take your assumptions and shove'em.

Random411

[Random411]

So DC a useful piece of information would go something like this...

"Contact your lender and advise them of what is going on. They would not want to lose their plan, if it can be saved. I know of several banks in which their collection depts will "rewrite" the loan on occassion if the borrower has a good history with them. A bank I do work with does stuff like payoff the lien (if sufficient equity) and then tack it to the back end of the loan if their loan is at risk.. But they service their own portfolio."

I hope someday to see you make a mistake and end up in a soup kitchen. Seriously im praying for it right now.

Random411

[TiredOfAbuse]

I don't mind the opinions and attitude as much the direct name calling. Can we please refrain from doing so?

I personally do not want to see DC' go. I believe his posts are vital and show us the exact reason why we should keep all communication in writing.

This is a good example to show why it is not good to talk to a Collections Agent on the telephone. They are paid to collect and mentally beat you into submission. Some do so within the law, others do not.

Keep stuff in writing, count the violations, and best of all - know your rights.

TiredOfAbuse

[annajosie]

I have no solution or advice for the O/P. I am truly sorry that they stand to lose their home because of an unsecured debt. I hope they find a way to save it.

As for the debt collector's comments, I think they were cruel and inappropriate.

Mr. Debt Collector, remarks like this put you in the same category of all the low life collectors whom we all absolutely LOVE!!!!

I'm glad I live in Florida where they can't touch my house.

[Fizzle1979]

You can find plenty of usefull information regarding your situation by googling "credit info center" and reading the information contained on that suggested web site.

[debtcollector`]

Originally Posted by Random411

So DC a useful piece of information would go something like this...

"Contact your lender and advise them of what is going on. They would not want to lose their plan, if it can be saved. I know of several banks in which their collection depts will "rewrite" the loan on occassion if the borrower has a good history with them. A bank I do work with does stuff like payoff the lien (if sufficient equity) and then tack it to the back end of the loan if their loan is at risk.. But they service their own portfolio."

I hope someday to see you make a mistake and end up in a soup kitchen. Seriously im praying for it right now.

Random411

However, that simply isn't true. When the house is sold out from under the OP, the primary lien holder will be paid in full. This isn't something that just cropped up. The OP has had many months or even years to resolve it prior to this message.

DC

[VeronicaLodge]

i agree with DC, if there is a judgment, then the time to deal with this creditor was before they were sued and before there was a judgment, now they are acting like this is all of the sudden happening and they are desperate.

[TiredOfAbuse]

i agree with DC, if there is a judgment, then the time to deal with this creditor was before they were sued and before there was a judgment, now they are acting like this is all of the sudden happening and they are desperate.

That may well be so and here is my opinion:

This is Freeadvice.com. People can post here to get reasonable and free advice. Just because the advice is free, they shouldn't be subjected to lectures, abuse, or a "sorry, can't help you" kind of response that has been demonstrated in this message string.

If you want to help, please do so! Just please don't drag the posters through the dirt when you.

Besides, we really do not know what the OP is going through or has been through besides what they have posted.

TiredOfAbuse

[VeronicaLodge]

well thats your opinion, and since this is a free internet message board, we are also allowed to give our opinions, of course you and the OP are allowed to not read them and/or disregard them. aint it grand?