Am I responsible for this old debt?
Date: Fri, 03/10/2006 - 14:02
Seventeen years ago I was in the process of getting a divorce and my ex wasn't paying the mortgage so the bank forclosed on our house. Shortly after our divorce, my ex-husband then declared bankruptcy.
In the last 17 years I have remarried and moved provinces but I have always kept that bank up to date on where I was. Suddenly out of the blue, about a year ago, I started receiving phone calls from a collection agency, Allied International Credit Corp, stating that I owed a debt on that mortgage and that the interest over the years had grown to tens of thousands of dollars.
I asked them to send me documents outlining the debt and what was owed but when I received them, there were dates and amounts crossed out in ink and written in by hand, un-notarized.
My questions are:
What are the time limitations on an old debt?
Shouldn't this debt have been settled during the foreclosure, divorce, and subsequent bankruptcy?
Am I really responsible for this debt?
Any help would be greatly appreciated!
I wouldn't trust something with dates crossed out like that. Tot
I wouldn't trust something with dates crossed out like that. Totally unprofessional.
I would strongly suggest you to contact your bank first and get
I would strongly suggest you to contact your bank first and get some proof that the mortgage was settled. As per my understanding, the loan has been paid back through foreclosure. If there was any remaining balance, it is supposed to be discharged in bankruptcy as well.
Do you have any documents of the foreclosure or legal papers from bankruptcy court? It will help you at this point. What type of bankruptcy did your ex filed? Do you know if this collection agency is calling your ex also?
Since you have always kept your bank informed about your movements, they should have informed you before transferring your account to CA, if any balance is there. Ask the agency to send you some paper work in support of their claim.
Statue of limitation depends upon the type of agreement and it varies for different states. You can check it here-
http://forums.debtcc.com/forums/state-sol.html
Thank you for getting back to me so quickly. This gave some plac
Thank you for getting back to me so quickly. This gave some places to start investigating :)
not my debt
hi, my life partner & I was together for over 10 yrs. he purchased our home back in 1998 & my name was not on the loan. back in 1999 without my knowledge he refinanced to consolidate his credit cards( my name on none) to the tune of 23,000 & 5,000 cash was given to him. The total loan was 32,000. we quit claim my name on the deed in 2003. He died this past oct of cancer & now I'm stuck with a 32,000 loan that was used to pay off his creditors. What can I do to get out of this mess so I can qreive for him
Patricia, after reading your post, I do not think that you are r
Patricia, after reading your post, I do not think that you are responsible for your partner's debt. I am so sorry to hear about his loss. Under the laws, when one of the spouses dies, the assets are distributed to the other but not the debts. Thus, the creditors cannot force you to pay your partner's share of debt. You can consult with a lawyer for some more legal information.
