Legal advice

#26

1972 Grad

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#26
And you never spoke again afterwards?
That's a huge shock to the system.... any idea what happened to her over the years?
I spoke to her maybe 3 times, and saw her twice. She called when our dog was dying about 6 months after the divorce, and said if I wanted to see her that I should come down. I did. We had a civil conversation, and hugged when I left. I met her in Johnson City once at a restaurant. We had dinner, a conversation, and went our separate ways afterward. Nothing physical either time. I didn't want to get involved with her at all at that point. I was still hurt.

I have seen her a few times on television over the years. She hasn't seen me in 35 years. I have emailed her at her place of work a couple of times with birthday wishes. She remarried about 5 years post divorce, and is still married as far as I know. I ran across a co-worker of hers a couple of years ago.
 
#27

Carl Pickens

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#27
I spoke to her maybe 3 times, and saw her twice. She called when our dog was dying about 6 months after the divorce, and said if I wanted to see her that I should come down. I did. We had a civil conversation, and hugged when I left. I met her in Johnson City once at a restaurant. We had dinner, a conversation, and went our separate ways afterward. Nothing physical either time. I didn't want to get involved with her at all at that point. I was still hurt.

I have seen her a few times on television over the years. She hasn't seen me in 35 years. I have emailed her at her place of work a couple of times with birthday wishes. She remarried about 5 years post divorce, and is still married as far as I know. I ran across a co-worker of hers a couple of years ago.
That had to be tough after being married that long..... you've seen her on television?
 
#29

volforlife04

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#29
We have agreed on how to split everything, however, the house is an issue. The mortgage loan is in my name alone but she signed the deed of trust so when you look the property up we are both listed on it. Is there a simple way to get this fixed? We are trying to avoid having to spend a lot on a lawyer. She has no issue letting me keep the house and as I’ve said I’m the only one on the mortgage so there would be no reason to refinance.
 
#30

GAVol

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#30
We have agreed on how to split everything, however, the house is an issue. The mortgage loan is in my name alone but she signed the deed of trust so when you look the property up we are both listed on it. Is there a simple way to get this fixed? We are trying to avoid having to spend a lot on a lawyer. She has no issue letting me keep the house and as I’ve said I’m the only one on the mortgage so there would be no reason to refinance.
Seems like you should be able to do a simple Quit Claim deed and fix that.
 
#31

Go aeiou

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#31
We have agreed on how to split everything, however, the house is an issue. The mortgage loan is in my name alone but she signed the deed of trust so when you look the property up we are both listed on it. Is there a simple way to get this fixed? We are trying to avoid having to spend a lot on a lawyer. She has no issue letting me keep the house and as I’ve said I’m the only one on the mortgage so there would be no reason to refinance.
You have to work with the mortgage company/lender. They have to approve the change. A title company will correctly handle the paper work. Are you sure you want the house and the payments?
 
#33

Go aeiou

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#33
Yes. I have been the one paying the mortgage anyways. I have no place to stay but she does.
They will probably let you keep the same terms, and just charge for the paper works, recording fees, etc.
BUT, If her income was used for the first loan they might want you to get a new loan, and that could be costly. Fees and a higher interest rate. I'd get with them soon.
 
#34

superdave1984

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#34
You need to have an attorney get this fixed and have her legally removed from all documents related to the house. My ex was supposed to sign a quitclaim and never did. Several events occurred and she wound up evicting me from my own house and then she defaulted on the loan.
 
#35

volforlife04

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#35
You need to have an attorney get this fixed and have her legally removed from all documents related to the house. My ex was supposed to sign a quitclaim and never did. Several events occurred and she wound up evicting me from my own house and then she defaulted on the loan.
The deed of trust is the only thing she signed other than papers for the inspection.
 
#36

volforlife04

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#36
You need to have an attorney get this fixed and have her legally removed from all documents related to the house. My ex was supposed to sign a quitclaim and never did. Several events occurred and she wound up evicting me from my own house and then she defaulted on the loan.
My income has paid every mortgage payment that has been made.

Edit because this reply was to @Go aeiou
 
#37

Go aeiou

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#37
My income has paid every mortgage payment that has been made.

Edit because this reply was to @Go aeiou
But , did you obtain the loan based solely on your income or both incomes? If both incomes the lender might not want her released from the deed of trust. If she is simply a guarantor, and not on the loan you likely don't have a problem. If she is on the loan and you showed her with little or no income when you got the mortgage there shouldn't be a problem. You'll just need to have a reputable title company prepare the correct documents. Title companies have a title attorney who knows what will be needed. But he/she will have to do a search to find out exactly what happened, and what needs to be done. The mortgage company will likely choose the Title company.
Are you both using the same attorney? If so let him know about this issue.
 
#38

volforlife04

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#38
But , did you obtain the loan based solely on your income or both incomes? If both incomes the lender might not want her released from the deed of trust. If she is simply a guarantor, and not on the loan you likely don't have a problem. If she is on the loan and you showed her with little or no income when you got the mortgage there shouldn't be a problem. You'll just need to have a reputable title company prepare the correct documents. Title companies have a title attorney who knows what will be needed. But he/she will have to do a search to find out exactly what happened, and what needs to be done. The mortgage company will likely choose the Title company.
Are you both using the same attorney? If so let him know about this issue.
We are doing uncontested without an attorney. The title company says a quit claim deed is all that is needed. The mortgage company never pulled her credit because she was a student at the time so she is not on the mortgage in any way. It was based solely on my previous job’s income. Since then, I have gotten a new job with better pay so there should be no issues with the mortgage itself. Just the title.
 
#39

Go aeiou

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#39
We are doing uncontested without an attorney. The title company says a quit claim deed is all that is needed. The mortgage company never pulled her credit because she was a student at the time so she is not on the mortgage in any way. It was based solely on my previous job’s income. Since then, I have gotten a new job with better pay so there should be no issues with the mortgage itself. Just the title.
Doesn't she want to be released from the deed of trust? If you are in TN she has a contingent liability. Deed of trust can be different in other states.
 
#41

Go aeiou

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#41
Yes. That’s what the quit claim deed is supposed to do.
A quitcliam deed is where she gives any interest she may have in the property to you.
If in TN a deed of trust is where she guarantees payment of the loan. The lender will have to release her unless that doc is very specific about her being released under certain conditions. I.e. divorce. I have never heard of that , but might be possible.
Talk to the title people.
 
#42

volforlife04

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#42
A quitcliam deed is where she gives any interest she may have in the property to you.
If in TN a deed of trust is where she guarantees payment of the loan. The lender will have to release her unless that doc is very specific about her being released under certain conditions. I.e. divorce. I have never heard of that , but might be possible.
Talk to the title people.
I called my title company that I closed with and that is where I got that info from.
 
#44

RDU VOL#14

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#44
Best of luck OP, i'm very sorry that you and your wife are going through tough times. I hope that however it plays out, it works out the best for both of you. I know one thing is for sure, that many on here will give you great advice. hopes and prayers. I can only give you 2/3 of that, but people on this board have taught me a lot.
 
#45

BEATBAMA12

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#45
Anyone have any advice for dealing with a judgement ? I was at fault for an accident back in 2010, at the time I didn’t have the money to pay for damages, went to court and agreed to setup payment plans, now I want to take my bonus and tax refund and pay it off, for 2 years I’ve paid 1800$ against 11,000$, I’m hoping to get them to settle for 3500$-5500$
Any advice would help, especially references to a law firm to help get it taken care of.
When I’m late they threaten to suspend my drivers license.
Any time I ask for payment receipts or records I get blown off and told to just make the payments.
When I asked to speak with someone about a settlement they say they need to talk to my lawyer (which I don’t have)
They actually did suspend my DL but it was a big mistake and whoever processed payments didn’t do mine correct or something, a phone call from them to TnDos fixed it in minutes, they never want to help me out.
 
#46

superdave1984

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#46
Anyone have any advice for dealing with a judgement ? I was at fault for an accident back in 2010, at the time I didn’t have the money to pay for damages, went to court and agreed to setup payment plans, now I want to take my bonus and tax refund and pay it off, for 2 years I’ve paid 1800$ against 11,000$, I’m hoping to get them to settle for 3500$-5500$
Any advice would help, especially references to a law firm to help get it taken care of.
When I’m late they threaten to suspend my drivers license.
Any time I ask for payment receipts or records I get blown off and told to just make the payments.
When I asked to speak with someone about a settlement they say they need to talk to my lawyer (which I don’t have)
They actually did suspend my DL but it was a big mistake and whoever processed payments didn’t do mine correct or something, a phone call from them to TnDos fixed it in minutes, they never want to help me out.
If they have a judgement they don't have to be nice, they don't have to cut you a deal. All they have to do is renew the thing every 10 years and the interest snowballs. They own you. You HAVE to pay. Been there, done that. Best bet is to be really nice to them and ask if they will settle. Odds are they won't though if they have already been jerks over it. But if you offer a lump sum they might take it. If you owe 9 grand, they would probably settle for 6. Offer 5.

I had 2 against me in the past. One I owed $2200, offered a grand and they got really nasty with me. Settled for $2200. They refused to make a deal even for a lump sum. In another case the judgement was almost 9 grand after interest and stuff and they settled for 3 due to the age of the judgement. Different law firm though and they were really eager to get it over with. A lawyer probably won't do much to get your amount reduced and you would have to pay the lawyer on top of it.

You can always show up at the hearing when it gets renewed and see what happens. That's how I got my $9000 one taken care of. Had I not made the effort they would have just renewed it and I would have been hosed. The judge isn't going to toss it at that time unless you can show proof that what the collection agency has done is illegal. Which is rare for you to be able to prove that. The judge will just tell you and their attorney to get it worked out, which might help you negotiate. You can tell the judge what all you have paid and any written offers that have been rejected.
 
#47

Coug

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#47
Anyone have any advice for dealing with a judgement ? I was at fault for an accident back in 2010, at the time I didn’t have the money to pay for damages, went to court and agreed to setup payment plans, now I want to take my bonus and tax refund and pay it off, for 2 years I’ve paid 1800$ against 11,000$, I’m hoping to get them to settle for 3500$-5500$
Any advice would help, especially references to a law firm to help get it taken care of.
When I’m late they threaten to suspend my drivers license.
Any time I ask for payment receipts or records I get blown off and told to just make the payments.
When I asked to speak with someone about a settlement they say they need to talk to my lawyer (which I don’t have)
They actually did suspend my DL but it was a big mistake and whoever processed payments didn’t do mine correct or something, a phone call from them to TnDos fixed it in minutes, they never want to help me out.
I had a friend that got into a car wreck and she didn't have insurance. Nobody was injured but both cars were totalled. Their insurance company naturally came after her for the cost of the other car which was $17K+. There was literally no way she was going to eve be able to pay that. Her only recourse was to file for bankruptcy. If you own a car and property it'd have to be chapter 7 so you can keep both. This is an extreme option obviously.
 
#48

BEATBAMA12

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#48
I had a friend that got into a car wreck and she didn't have insurance. Nobody was injured but both cars were totalled. Their insurance company naturally came after her for the cost of the other car which was $17K+. There was literally no way she was going to eve be able to pay that. Her only recourse was to file for bankruptcy. If you own a car and property it'd have to be chapter 7 so you can keep both. This is an extreme option obviously.
Thanks. I don’t think I’ll have to go that route but from the looks of it I’ll have to pay it or hope for a settlement less than the full remaining balance.
I won’t need an SR22 after this coming November so that extra 80$/month can go towards the judgement and I can make at minimum a 150$ / month payment, get it paid down to atleast half and
Ask to settle. That would be 60 or so more payments and I’ll be done 100%.
 
#49

Obsessed

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#49
Thanks. I don’t think I’ll have to go that route but from the looks of it I’ll have to pay it or hope for a settlement less than the full remaining balance.
I won’t need an SR22 after this coming November so that extra 80$/month can go towards the judgement and I can make at minimum a 150$ / month payment, get it paid down to atleast half and
Ask to settle. That would be 60 or so more payments and I’ll be done 100%.
It’s already on your credit. Bankruptcy will get you a fresh start if need be

I would not offer a pay in full if they don’t agree to remove the negative listing on all of your credit reports.
 
#50

BEATBAMA12

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#50
The problem started when I was laid off from a very good job and couldn’t afford car insurance, it was either that or live in my truck, left a job interview and got the job and bam, rear ended like 4 cars, on the way to pawn some guns to pay car insurance and utilities, it always seems to happene to the hard working people in a rough spot. Oh well pay the man I guess.
 

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