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Re: Debt Collectors - Titan Recovery


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Posted by Jkelly (68.163.2.72) on August 17, 2004 at 12:07:47:

In Reply to: Debt Collectors - Titan Recovery posted by Gokitty on August 17, 2004 at 11:54:17:

The CA is lying. Texas is a consumer friendly state. Here is the scoop on the house.

Why Chat said:
He was talking about Fl and Texas, so for this to make sense, I will post regarding both states.

FIRST, THEY CAN LEIN THE HOUSE, BUT THEY STILL CAN'T COLLECT.

In Fl, if you wish to sell or refinance your home, and there is a judgment lien against it, you file an affidavit or homestead which provides clear title for 180 days to complete the transcation without having to pay off the judgment lien.

Texas has a different system. Basically, the proceeds from your sale of homesteaded property are exempted from judgment lien IF you reinvest in another home within 6 months.
If you refinance, it can not be for MORE than was financed at the time the judgment was placed.
You would file an affidavit of homestead in Tecas if you are refinancing another property for a higher amount.

SO, IT WOULDN'T DO THEM ANY GOOD TO LEIN HER HOUSE. It would be a waste of their money and they know it. CAs lie and threaten, it is the way they do business.
We always recommend that consumers do not communicate with CAs. You can't believe a word they say anyway.
WHAT YOUR MOM NEEDS TO DO NOW.
Protect her banking info. If the CA can convince a judge that she will take her money out of the bank in order to avoid paying a debt, a judge can freeze the account until a judgment is obtained. IF SHE HAS EVER USED HER CURRENT ACCOUNT TO PAY THE ORIGINAL CREDITOR THEY HAVE HER BANKING INFO.

Last topic of discussion here. How old is this account, when was the last time she paid the original creditor before the account became deliquent?


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