Summons By Beneficial

YAY! Sounds like things are going to work out. I am so happy for you. Can you breath better now? :) What is the name of the firm in Cleveland? I live here - I may know who they are.

Some debt can be fake:

Link deleted as per forum rules - Mike

Okay, I need some input here. I've been sitting here thinking about this over the last few hours. I've been basically driving myself crazy. I know that we have the proper documentation that we have been paying on this account through CCCS. Okay, say this reaches court and the judge rules in favor of Beneficial and their lawyers. What is the worst that can happen since this is a 2nd mortgage? Can they make us sell our home? Or would they garnish wages? We are current on our first mortgage and I don't think they would put another lien on the house. There is no way we could pay this thing in full if demanded.

don't quote me for sure, but I would think that if you are current on your first mortgage they couldn't make you sell your home. A 2nd mortgage is just borrowing on the equity of the home correct? So technically it is only a portion of it. If you have proof of the payments you have been making, I don't think they could really do that. As I said, not sure but speculating. Are they the actual 2nd mortage lender? if so wouldn't they they already have a lien till it's paid?

Just my opinion,but if they were accepting the payment
it looks like a contract was formed between the two
of yall as parties agreeing to this proposal.
I would think they are trying to breech that agreement.

The lawyer said something to that effect as well when I talked to him last week. I guess we will find out more when we meet with him on Tuesday. I spoke to Beneficial to see what our options were and that was about a joke. I just asked basic questions and thanked them for their time. The guy was trying to get me to agree to a default judgment on the phone. That wasn't going to happen. :roll:

I'm getting things ready for our lawyer appointment on Tuesday. We need to respond within the next couple of weeks. Then I guess a pretrial is set and we go from there. I'm really not sure what to expect but I'm feeling better about things. It sounds like the worst that could happen is my husband's wages would be garnished. I'm coming up with a list of questions for the attorney. I'm not sure what the laws are about garnishment in our state. I'll read up more on that later. I hate to see a judgment be placed on his credit report but it's not like we're not making payments either. At least it sounds like our house will be safe. :-)

I'm sorry to hear about all your troubles, Mishele. I'll keep you both in my prayers for Tuesday. I don't know what the garnishment is in your state, in mine its 25%., but if there is a hardship, in some cases, they take that into account. Good Luck..Love ya.Karen :D

I am clogging along behind you mishelle, Will be watching for your updates. Your situation has alot of similarity to mine, you are a few steps ahead. Please post updates so I can pay attention here. thanks

I will fedupinpa. I was reading about the attorney's office who is representing Beneficial in this case. They have an unsatisfactory record with the BBB. They are also known for pulling this kind of crap. It seems they have been sued in Ohio on more than one occassion by consumers. They told Beneficial we sent a cease and desist letter when it was only a dv letter. I made no mention of not contacting us in the letter. We received their response to the dv letter in the mail yesterday. It's the same thing they sent with the summons. There is not much information at all. That is going with us to the lawyer on Tuesday. Part of me feels like we have nothing to worry about because they have been accepting the payments and we have a signed proposal agreement. It's almost like they have broken a contract with this summons and lawsuit. Of course, I'm not going to get my hopes up though. We might have some legal ground to stand on here. I'll let you know what the lawyer says on Tuesday.

I think we might be able to file for dismissal from what I've been reading. I'll have to ask about that too.

I don't think they can make you sell your home on that 2nd mortgage, I know they can put a lien on the house with a judgement. Good Luck Mishele.

There is a lien on the house already with the second mortgage. It sounds like they would want to garnish wages. I really don't see the point when they are receiving monthly payments through CCCS on our behalf. I really don't know what to think and I am a little worried about the appt with the lawyer tomorrow. We've got everything ready to go so we'll see.

Mine is a law suit with Weinberg, weltman and Reis, they have an office in Ohio, they are suing me on behalf of CACH, llc. Hey irish, do you know these guys.

Where in Ohio are they located?

Okay, so we met with the lawyer today. It sounds like it could go either way. It would cost us about a thousand dollars to find out. So I called Beneficial to make payment arrangements. We are paying the past due amount in the month of March. They said the only way they would accept payment terms is with a consented judgment form. I guess we maybe verbally agreed to this. She was going to call the lawyer's office and tell them of the payment arrangements. They are supposed to send this form. After further thought over lunch, we were a bit confused if we really wanted to do this. We tried to contact the lawyers office and now they are refusing to talk to us. We sent a standard dv letter but I did not mention they couldn't call. She said we had to fax an order lifting the cease and desist. That is the only way they will talk to us. I'm a little leary of this as well because I don't want to say my dv letter was in vain. In the response we got back from them, it states to contact them to make payment arrangments. Are we totally screwed now? They said even with this other judgment form the laywers still have to go to court.