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Is this contract binding

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LdiJ

Senior Member
P l

Bulldozed down by the mortgage company
Ok, so the mortgage company repo'd the house and tore it down because the land value alone was greater than the house. So the mortgage company is going after them for the remainder of the home equity loan after the land was sold and the money applied to the expenses of the repo and towards the loan..

When was the last time somebody made a payment towards the loan?
 


Ok, so the mortgage company repo'd the house and tore it down because the land value alone was greater than the house. So the mortgage company is going after them for the remainder of the home equity loan after the land was sold and the money applied to the expenses of the repo and towards the loan..

When was the last time somebody made a payment towards the loan?
Last month. His ex is actively paying her half.
 

Taxing Matters

Overtaxed Member
Collection agency keeps sending letters.
He can stop that. He has the right under the federal Fair Debt Collection Practices Act (FDCPA) to tell the collector to stop contacting him about the debt. He needs do that in writing. The federal Consumer Finance Protection Board has a sample letter in Microsoft word format that he can use for that purpose. Note that this only works for third party debt collectors; the FDCPA does not apply the original creditor (mortgage company) itself. Once the collector gets that letter it must stop all contacts with him about the debt except to inform him of actions it WILL take (not that it might take) to collect, e.g. suing him for judgment. The collector might dump this debt off to some other collection agency, in which case he'd need to send a letter to the new collection agency.

In order to do anything other than keep dunning him for the debt the creditor (mortgage company or other company to whom it sold/assigned the debt) has to sue him for a judgment. If he gets sued, he'd want to answer the lawsuit and raise any defenses he has, like the claim that he was not competent at the time he signed the mortgage loan. Competence is a very hard claim to win in circumstances like this, and if he has a shot at it he'd want the help of an attorney to do it.

Another possible defense, as others have indicated, may be the statute of limitations (SOL). The lender must sue within the time allowed by statute or the case may be dismissed based on the SOL. In Missouri, a written contract for the payment of money has a SOL of 10 years.
Missouri Revised Statutes § 516.110. This would start to run on the date that the contract was breached, which means the date that the debtor failed to make the payment as agreed on the loan. Here, while he has not paid the loan, his ex-wife has been paying it. That may present a problem for a SOL defense. It's something to discuss with a lawyer should he get sued.
 

LdiJ

Senior Member
It is also possible that the gentleman could be judgment proof if his only income is SS benefits and he has no expectations of any future windfalls (inheritance etc).
 

zddoodah

Active Member
Ok so sorry. Yes he was married at the time it was signed. Him and his wife took out a second mortgage. He owned the house prior to the marriage. It was signed in 2008. The house itself no longer exists. The mortgage company is still trying to collect the amount owed. Yes his wife knew he could not read and that he was under the use of medications that can impair judgement. The amount was around 40000. Their is still about 20000 owed.
This all makes very little sense, and you didn't answer a lot of the questions I asked. For example, I still can't tell what the mortgage has to do with the home remodeling contract you initially asked about, and it sounds like a lot of the relevant events took place so long ago that relevant statutes of limitations may have expired.

Sounds very much like this gentlemen ought to consult with a local attorney for a review of relevant documents and advice.
 

quincy

Senior Member
The ex wife has been paying on the debt. She acknowledges her part.
How recently? I assume she has missed payments or not made payments in the amounts required, hence the collection letters.
... His ex is actively paying her half.
How actively? Has she only paid “half” of the payments due? Did she expect or assume her ex, the blind man, was paying the other half? Was the man ordered as part of a divorce agreement to continue paying half of what was owed?

It appears that the man needs to go over all relevant facts with an attorney in his area. It does not appear that you have the necessary information to assist us in determining his obligation to pay the debt.

I suspect that his signature alone on the loan acquired in 2008 has legally bound him to the terms of the agreement, and that his blindness and chemotherapy treatments are not going to relieve him of that obligation. But I could be wrong.
 

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