How to beat foreclosure
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How to beat foreclosure

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How to beat foreclosure How to beat foreclosure Document Transcript

  • spousal responsibility for credit cards Question: In Oklahoma is a spouse held responsible for credit card debt on a card that the other spouse owns if spouse #1's name is not on the card, he or she does not hold a card and did not sign the credit application? Answer: No, Oklaoma is not a community property state. If only one party is on the card and it goes into default which leads to a lawsuit in which both are named as defendants any resulting judgment could be vacated by the simple act of having the party wrongfully joined to the lawsuit file a motion to vacate the judgment for wrongful joinder of the parties. This type of thing happens more often in mortgage foreclosures because one of the spouses had good credit and the other did not so only one signed the note although both were on the mortgage. The note is the negotiable instrument, not the mortgage. So in those instances where we have fought and lost we simply let the process go clear through the sheriff's sale and then when it gets time for the confirmation hearing we file motion to vacate for wrongful joinder of the parties. The plaintiff's lawyer then has to ask the judge to vacate the sale and the ownership if the property reverts back to the defendants. They have to start the process all over again and the second time around we have a much better chance to fight and win. The need for that always happens because the defendants have waited till the last minute to contact me and often after the judgment has already been entered and they are headed for the sheriff's sale. Then they decide to panic and the trick described above can sometimes be bought into play but there are many more. That's why people who are having problems need to become creditwrench students so they can be educated about tricks that they would never spot or think of otherwise.
  • I had a meeting with a lady last night and she was being sued in an action by a Home owner's association. She is a retired person of Afro-American descent. We quickly figured out that the HOA had filed a lien on her condo which she paid cash for when she retired because of health related problems. She owed some fees and the HOA filed a lien which turns out to be a sham legal process under Oklahoma law. They also posted a list of owners who were in arrears on HOA fees on a public bulletin board which is located in the driveway above all the mail boxes. That also violated federal law by holding her up to public ridicule. There were numerous other flagrant violations of law that she will be able to nail them with. She learned a lot of law in about 2 hours of conversation. In their rush to judgment lawyers always make lots of mistakes that can be exploited. Bill Bauer 405-684-9297 405-227-9423 RECOMMENDED READING http://www.shrinkmylink.com/hhlqson FDCPA EXPERT www.creditwrench.com/howjudgmentswork.html www.creditwrench.com/18questions.html http://shrinkmylink.com/kmlqson www.creditwrench.com/objections.html www.creditwrench.com/howcreditwrenchworks.html http://www.shrinkmylink.com/bnlqson List of community property states How to answer a summons http://www.shrinkmylink.com/exlqson LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS. http://www.creditwrench.tv/MIKEJM-06-27-08.mp3 http://shrinkmylink.com/xsjqson Statute of Limitations for all states http://shrinkmylink.com/zlwpson How to set up your hard drive for creditwrench files. Makes them easy to find. http://tinyurl.com/3lqxaw The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do. Dial-in Number: (712) 432-1601 Access code: 508548# You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
  • If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like. We are going to start holding mock trials so that you can learn some court room procedures.