Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Inability to pay is not a defense to the lawsuit unfortunately.
To fight the suit, you have to prove that the debt is not correct, or that it is paid or something else.
Or that you didn't incur it.
You can delay the case by making the lender prove that you owe it, but showing statements will do the trick.
Once they prove the debt and win the case, they can get their judgment if they win.
You would have to then show the court what income you have, what assets you have.
The creditor could record a judgment lien on the home too.
Why are you holding off on bankruptcy? maybe it's best to just file now, wipe your slate clean and just move forward.
You can file bankruptcy to discharge the mortgage before foreclosure.
Did you have any questions?
I'm living in my house because I can't afford to move to an apartment and pay rent. I want to be in the house as long as possible with my son going to school.
I defended a credit card case before, and it got dismissed, but it was one that was sold to another party, so they couldn't prove it was sold. This one hasn't been sold, so I don't know how to defend it.
I'm a little confused on proving the debt. "Showing statements should work". Them or me?
The foreclosure is delayed up to 90 days with the bankruptcy, or until they motion to modify the automatic stay.
yes, proving a valid transfer is a way to get a case kicked.
There's no sale date for the house. I'm in it for at least another year.
you can make them prove you owe it.
and that amount
but, if it's the original creditor, they'll likely have quick access to the account history
so, it won't be that effective.
So I should take their deal then? And avoid the court battle
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