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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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MI would like explain a settlement judgement to me and would

Customer Question

MI would like for to explain a settlement judgement to me and would like assistance on how to respond.
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
I was told that by just responding by letter I might be able to avoid the settlement judgement
Expert:  LawTalk replied 6 months ago.

Good afternoon Marylou,

I'm Doug, and my goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What about a settlement is it that you need to understand?

2. Was this a demand for a settlement made against you?

3. Has the other side asked for money from you?

4. What is the matter you are referring to all about? What happened?

Thanks in advance,

Doug

Customer: replied 6 months ago.
It's for default of payment on a mobile home.
Customer: replied 6 months ago.
They want to repo the mobile home.
Customer: replied 6 months ago.
Home is located in Wise County Texas
Expert:  LawTalk replied 6 months ago.

Hi MaryLou,

Thanks for the bit of clarification. Would you like for me to call you so that we can discuss this as I offered, for just $5 more?

Doug

Customer: replied 6 months ago.
No, I have people over and would prefer not to thank you though
Expert:  LawTalk replied 6 months ago.

Alright.

I still need to know what you want to learn. You have not asked any questions.

Doug

Customer: replied 6 months ago.
the other party has asked for full payment of over 33k or to repossess the mobile home. I want to know if I respond by letter if I could maybe buy some time. Or better yet is there anything I can do to buy me more time. Or just keep from having a settlement judgement from going through
Expert:  LawTalk replied 6 months ago.

Hi,

Thanks for the question.

Under Texas law, as you are still in your home, then to be able to repossess your unit, the lender must follow 4 rules:

1. After default your lender sends you a Notice of Intent to Accelerate giving you thirty (30) days to cure the debt and any other additional fees;

2. If you fail to cure debt within the thirty (30) day period, the lender will mail a Notice of Acceleration to Debtor;

3. After the acceleration letter, the lender can file a lawsuit in District Court seeking a judgment for the past due payments and possession of the home,

4. If yoiu fails to answer the lawsuit, then lender may obtain a default judgment and proceed with the application for a writ of possession if you are still living ion the home and they will have the sheriff evict you.

It sounds as though you have been given the legal notice as required in Rule 1. You of course can contact the lender and ask if they will agree to accept payment of the arrears and reinstate the loan. However, they are not legally obligated to do that unless you are in the 30 day period after receiving the letter.

Once the 30 day period is up, then rule number 2 comes into play, and the acceleration of the loan takes effect and you can be forced to pay the entire loan in order to keep your mobile home.

Responding by letter is the worst thing that you could do. You need to call them, talk with them, and if possible reach an agreement where you can keep your home.

If no agreement is made, then you can expect that the lender will file suit seeking past due payments in addition to the right to take possession of the mobile home.

So, your best chance of keeping your home is to call the lender and try to work out a deal. Almost certainly, at a minimum, you will have to pay all arrears and costs of repossession that they have incurred to date in order for them to agree to reinstate your loan.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
your advice is to not respond by letter but attempt to contact them by phone and discuss my options.
Expert:  LawTalk replied 6 months ago.

Hi,

You wrote: So your advice is to not respond by letter but attempt to contact them by phone and discuss my options. Yes, that is 100% correct. A letter would likely be passed from person to person and it could be several weeks before the correct person even got your letter.

A phone call will get you to a person who has the ability to negotiate a deal with you. If you reach an agreement, of course follow that up in writing. But proposing a settlement is writing will not stop the repossession process and the matter will probably be with the lender's attorneys before your letter is ever read by anyone that matters at the company handling the loan.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Hi MaryLou,

Do yoiu have any additional questions?

Doug

Customer: replied 6 months ago.
I'm so sorry I thought it was a settlement judgement and it's not it's a summary judgment. What's the difference?
Customer: replied 6 months ago.
what are my options for a summary judgment
Expert:  LawTalk replied 6 months ago.

Hi Mary Lou,

A summary judgment is when one party asks the court to enter a Judgment in their favor because there is no material dispute as to the the facts of the case that necessitate a trial. Cases like your often have Motions for Summary Judgment filed by the lender because the lender wins almost every single time.

In a summary judgment motion, if you are in arrears and they have already served you with the 30 day notice and the notice of acceleration of the debt---Summary Judgment will almost certainly be granted against you and you will lose the case and be evicted.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 6 months ago.
there's NOTHING I can do? Would a letter be advised in this instance?
Expert:  LawTalk replied 6 months ago.

Are you already at the summary judgment motion point in this case? The other side already sued you and is now filing a Motion for Summary Judgment?

Customer: replied 6 months ago.
sir
Customer: replied 6 months ago.
There was a court hearing scheduled and the attorney for the lender was tied up in court so it was rescheduled.
Customer: replied 6 months ago.
I was hoping to get out of the summary judgment and if nothing else to just surrender the home.
Expert:  LawTalk replied 6 months ago.

Hi,

Well, under these circumstances, there is virtually nothing that calling or writing will do for you. The judge will almost certainly grant the Motion and render judgment to the other side and also award a Writ of Possession. The sheriff will then evict you and allow the lender to take possession of the mobile home.

While you could offer to surrender the home, they probably won't accept your surrender and just dismiss the case, because they want the money judgment against you for all the arrears as well as for legal fees and court costs.

Please rate my service to you so that I can be compensated for helping you.

Expert:  LawTalk replied 6 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, my offer is still open to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Customer: replied 6 months ago.
Is there any way to beat this. For some reason court keeps getting postponed so I'm thinking that there has to be something i can do
Expert:  LawTalk replied 6 months ago.

Hi,

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions that you are asking. For new questions, the customer is asked to open a new question thread. I do sincerely ***** ***** any inconvenience this might cause you.

I will be happy to go on with this conversation ad nauseam with you over the phone, but if you demand that all your new questions be answered in writing I would respectfully ***** ***** you positively rate my service, and open a new question thread for new questions. It is your choice.

Doug