Creditors and Jointly-Owned Real Estate?
Date: Mon, 06/01/2009 - 15:07
She rents an apartment, had 25-cents in the bank at the time she listed her possessions, no savings, no car and works a part-time retail job to supplement her social security. The problem is her only real asset -- she and her brother jointly own a few acres in another county. It has a gas well on it from which they collect royalties (split between them) that haven't even amounted to much extra income lately.
She sent this inventory in today before I could push her to get legal help -- which she's skeptical of already because of one useless attorney she consulted early on. This guy basically told her, "yeah, they'll take your furniture and definitely your property. You should settle with them."
Has anybody had any experience with creditors and joint property not owned by spouses? We're in Pennsylvania, if that helps.
Thanks!
First off, they can't take her property unless they get a court
First off, they can't take her property unless they get a court order. Go to budhibbs(dot)com website; look under agencies...you'll see Weltman there. This is a good place to understand these bottomfeeders...
I would start by sending them a DV letter...if they can't validate the debt, then they can't proceed with collection efforts - including sueing your mom. Ideally, legal advice is always encouraged...I would try to get her to talk to another attorney.
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Thanks! I think we were both worried that by sending in the inve
Thanks! I think we were both worried that by sending in the inventory, she might've started a process we couldn't slow down or stop. And I was worried that it might be too late to send a DV letter, especially if she was already trying to negotiate with them.
If they own the property as TENANTS BY THE ENTIRETY (which is po
If they own the property as TENANTS BY THE ENTIRETY (which is possible in PA) then a creditor cannot get a lien on the property. Check this with registry of deeds and see if this is the case, and if not see a lawyer about changing it.
Oops, just noticed this is jointly owned with her brother, so th
Oops, just noticed this is jointly owned with her brother, so that won't apply I don't think.
Entireties are for married folks so it would not apply. And t
Entireties are for married folks so it would not apply.
And they can attach a lien to her interest in the property. They can't sell the property outright (make brother sell his part) to staisfy the debt but they may be able to force a sale of her interest, whatever that might be. Pennsylvania is a little out of my neck of the woods but you might talk to some local attorney about this more.
I wouldn't have sent them that inventory. It's probably too late
I wouldn't have sent them that inventory. It's probably too late now. Since they wouldn't work with her, she should have told them to take her to court. The courts at least will work out a payment plan.
"http://www.budhibbs.com/collectorpages/weltman_weinberg_reis.htm"
Apparently she already did try to talk to an attorney, who told her nonsense (probably because he knew he wouldn't make bundles of cash on this one). If they sue you then you can inquire at the courthouse about legal aid. You can work out an equitable payment plan - they cannot try to attach or lien anything until after you prove unwilling to pay.
Another idea is to write a strongly worded letter to the original creditor strongly requesting that they recall the account so you can work with them instead of the WW&R scum.
