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Debt Collection

Debt collection is a legal and necessary practice when products or services have already been provided but the consumer has not paid for them. Some companies use collection agencies to pursue payments on debts owed by persons or businesses.

5,393 Questions

Is the beneficiary obligated to pay decease debt?

I'm confused... Your the benficiary of what? Life Insurance or a Will? The deceased left debts...and taxes? If you are the beneficiary of a life insurance policy...the proceeds go to you..in full (after paying back any loans taken against the policy), no matter what. Independent of the "estate" of the deceased. If your a beneficiary as in a Will of the decedent...then his bills of whatever type get paid before whatever your supposed to get is available. (If he owes other people they must get paid. It kind of makes sense that he can't leave you money he doesn't really have).

Answer2:

No. Any debts are paid out of the estate left by the deceased. If the estate is not large enough to cover the debts it ends there. The beneficiary gets nothing but does not assume the debts.

How long can a debt collector attempt to collect a debt?

Hello,

Please search in google for State Statute of limitation.

I could have answered that, if i knew which type of debt it is and which type of contract you have along with your state.

You should get the answer, there are a lot of websites that have State Statute of limitation.

Thanks!

Can you refinance a house in foreclosure?

Refinancing a house is possible when facing foreclosure, but it is certainly not a very easy option. Homeowners who have recovered from a financial hardship and can prove enough income and job stability may want to try applying for a foreclosure loan, but it is important to have backup plans in case the loan does not go through.

There are very few traditional lenders who will do foreclosure refinancing loans, though, so homeowners need to search for alternative sources of funds. These usually include banks that specialize in equity-based lending and hard money lenders.

Banks that specialize in this type of situation often require there to be high levels of equity in a property. They may not loan more than 65% of the value of the property, which puts many homeowners out of the running for a loan. With declining property values, it is becoming even more difficult to qualify for a foreclosure bailout loan from a traditional lender.

Hard money lenders are almost no different in terms of their requirements. They may go up to 70-75% of the value of the house, but this still makes foreclosure loans somewhat uncommon. These lenders often charge a much higher amount on the front end of the loan, as well, taking 4-5 points right when the loan closes. This makes it a more expensive loans over the long term, as homeowners need to pay back the interest on these extra charges.

Declining property values and the trend in the housing market to leverage a house to near 100% of its appraised value have made foreclosure loans more difficult to qualify for. Although lenders may be willing to do short sales to help a client sell a house, it seems they are less likely to go for a short payoff, which would allow homeowners to refinance for a lower amount. However, short payoffs may become more acceptable as more properties fall into foreclosure and property values decline further.

What happens after a foreclosure?

Foreclosure is the legal process whereby a mortgage company takes your home back from you and sells it to recoup the money they loaned to you. if you intend not to foreclose it better file bankruptcy from the experts

How long does it take for a foreclosure to go off your credit?

Seven years! There are actually companies that will work with you for free to buy your mortgage away from your mortgage company and avoid your foreclosure. I would advise looking into this first.

Does the government charge interest on SSI debts?

The Social Security Administration does not charge interest on a Supplemental Security Income overpayment.

Do they garnish gross or net wages?

They garnish on your net... and for example, if you have a retirement account going, then they will take out retirement FIRST, and then the garnishment amount. Sometimes the garnishment can be a flat amount, or based upon a percentage of what you earned.

The Federal government prohibits creditors from collecting more than 25% of your gross pay, except in cases of familial support. Your garnishment deduction may be calculated based on your gross earnings.

How long does it take for a foreclosure in Idaho?

The time it takes for a foreclosure always depends on the lender. The timing of the required notices as well as arrangements to get the house empty and ready for sale depends on the bank's recovery team. If you are not making the house payment, you should be taking steps to move out sooner than later. These days, if you have one of the "bad" subprime loans, it may make a difference if you can hang on a few months in order to take advantage of the new laws that are surely going to be passed.

If a home just went into foreclosure and papers were served who would be the one to call for the payoff The mortgage company or the attorney?

The lender will most likely tell you that you need to contact the attorneys for an updated payoff statement. Once the loan is in foreclosure, the attorneys handle most of the little tasks like payoff statements, reinstatement figures, etc. This is because they will have to add their fees to the numbers they quote you.

Of course, it will take them at least a week, in most cases, to generate payoff figures. This is because the bank will have to calculate interest, late fees, and other charges, and then the lawyers will add their fees and court costs on top. So, after the foreclosure lawsuit has been filed, it's the attorneys that will have the most information.

How old do you have to be to have a bank account?

There is no age limit, however those below the age of 18 typically have a co-account with an adult.

Who is responsible for deceased fathers unpaid medical bills?

Unless he had insurance to cover bills in the case of his death, the creditors will be looking to the heirs of his estate to pay them. The issue will more than likely be presented by his creditors in the Probate court.

You lost your home to foreclosure how do you get it back?

The best way to get your home back is to have the foreclosure documents analyzed. That's what i did. My house was foreclosed on and I heard that judges awarding foreclosures without the homeowners having much defense. I live in a Trustee state which is even worse for homeowners because there is no judge involved. It's simply a court recording. So, a friend told me to contact Lighthouse Consulting Group, i did, and they looked over my foreclosure documents and preformed a Trust Deed Verification audit and it turned out the the Foreclosure process was not done incorrectly. My sale was reversed. Then, I went one step further and had Lighthouse perform a securitization audit and that turned-out that the foreclosing party didn't have the legal right to even begin the foreclosure. This whole foreclosure situation is a mess and if your on the verge of losing or have lost your home call Lighthouse Consulting Group 800-678-0419

Is it legal for credit card companies to threaten to call relatives in an attempt to collect on a past due balance?

Credit card companies may call relatives that were given as a reference on the car loan. It is not illegal to call them, it is illegal to harass them.

If you make a payment on a charge-off does the 7 years start over?

You should pay the account but make sure you benefit from it. Sometimes, it may be best to allow it to go to collection to pay them in order to get a deletion letter. Keep in mind that your credit score is calculated on what you have done in the last two years. It may be best to leave it alone for now. However, why are you paying the account now? If you want to get a mortgage, it is best to pay the account at closing. Based on Phil Turner's Credit Bible also here is the limitation of credit reporting from the book:

There is also a statue of limitations on how long a credit bureau may report negative information in your credit profile.

* Bankruptcies must be removed ten (10) years from the date filed.

* All other negative items including wage earner plans must be removed seven (7) years from the date filed. Late payments, P&Ls, and repossessions must be removed seven (7) years from the last date of activity (meaning the last date you made a payment with that company). Judgments remains for 7 years or State Statute of Limitations, whichever is longer. It can remain longer than 7 years under Federal Law or State Law that could be 10 years plus a renewal period of 10 years.

Can the IRS levy bank accounts in Delaware?

Of course. Why would you possibly even question that the Federal government couldn't do something anywhere in the country? Especially something anyone can do? The IRS can levy a bank account anywhere within the US.

What happens if you let you house go into foreclosure in the state of Colorado?

These are all the mortgage walkaway trustee sale states, meaning they are non-judicial foreclosure states.

In those states, generally, when they foreclose on you, they cannot pursue you for their financial losses.

Many, such as California, do in theory allow a lender to choose judicial foreclosure but in those cases the lenders only do so if a borrower has significant other assets. This is the "one action" rule that lets the lender either pursue non-judicial foreclosure, at lower cost and less time, or judicial foreclosure that costs more money and takes more time but lets them go after you for their financial losses.

Alaska
Arizona
Arkansas
California
Colorado
District of Columbia (Washington DC)
Georgia
Hawaii
Idaho
Mississippi
Missouri
Montana (as long as non-judicial foreclosure is used)
Nevada - note that the lender CAN get a deficiency judgment (See below)
New Hampshire
Oregon
Tennessee
Texas (but even in a non-judicial foreclosure, the lender can pursue a deficiency judgment)
Virginia
Washington
West Virginia

These are states that also allow non-judicial foreclosure, and/or where non-judicial foreclosure is more common and deficiency judgments can be obtained more easily:
Michigan
Minnesota
North Carolina
Rhode Island
South Dakota
Utah
Wyoming

How can you receive forgiveness of debt?

I agree with the less harsh answer... Things happen and I think if you are a person who can't forgive people for their bad luck then you should take a look at your own.

I think that is a pretty arrogant response. For example, someone has a good job and is a responsible person. Purchases something on credit that might take them a couple years to pay off. In the meantime, they lose their job. Are they now a thief? I don't think so. Just a thought.

AnswerBy paying it off. Debt is debt - it is something that a person owes ... it should never be forgiven as whomever incurred the debt had use of something that they never paid for or intended to pay for - that is theft, and illegal.

If foreclosure homes are sold at auction how are realtors selling foreclosure homes - Do they purchase the homes themselves or are they attempting to sell before the auction - How does this work?

the owner who is in foreclosure is attempting to sell the house before the foreclosure goes through. this is completely legal. if they want to sell the house for less than the amount that is owed to to the holder of the mortgage they will need to get the mortgage holders agreement.