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My name is XXXXX XXXXX I obtained a loan for a manufactured

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My name is XXXXX XXXXX I obtained a loan for a manufactured home with my then wife and the he property was on leased land (we paid a space rent). In our divorce decree dated 12/2008 my ex wife agreed to assume full financial responsibility for the loan and was to refinance in her name. She was in the home for 2 months and defaulted. The last payment was in January 2009. Prior to my ex wife defaulting on the loan, I was living in the residence and there is no history or pattern of late payments. Between March and May of 2009 I made several attempts to negotiate a settlement with the bank to preserve my credit rating and they refused to work with me. According to the California Civil Code 337, the limitations period for the lender to file a judgement against me has passed as of January 2013. I'm a US Veteran and trying to get a VA loan but due to the charge off on my credit for this loan, I cannot do it at this time. A lawyer in Palm Springs, CA is trying collect on this debt now and is stating that his "client" (the bank) has preserved its rights under the same CA Civil Code. I am now an Oregon resident with my current wife and I'd like to know if I have a defense in case a judgement is filed against me.
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi David - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

As you know, the statute of limitations on this issue is 4 years under Section 337. Thus, if you were sued, you could file a motion to dismiss and claim that the debt is not collectible under the applicable statute of limitations. If you were to do that, the court should find in your favor and dismiss the lawsuit.

Also, you would have the right to seek indemnification from your ex if your divorce decree states that she is responsible for the debt - - this means that if you were sued, you would have a right to rely on the divorce decree and demand your ex to defend you and to cover/pay and judgment that is rendered.

Thus, yo do have a defense to this action - if filed. However, if the statute of limitations has expired, you should not have anything to worry about.
Roger, Attorney
Category: Legal
Satisfied Customers: 26626
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer: replied 1 year ago.

Hello Kirk,


 


Thank you for your answer to this question. I felt confident in my position, but I wasn't sure why this attorney claiming to represent the lender would indicate the bank has preserved its rights under the same statute, other than saying something to try and me to call him or write another letter.


 

Expert:  Roger replied 1 year ago.
Often, debt collectors will attempt to get the debtor to reaffirm the debt by admitting it is owed and offering to repay the obligation - that's why they record conversations.

If you reaffirm the debt, the statute of limitations can re-start from that point. So, you definitely don't want to admit to owing anything and maintain that the debt is not collectible.

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