How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 36683
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
15277592
Type Your Real Estate Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

My property sold in April after short sale efforts went to

Customer Question

Hello my property sold in April after short sale efforts went to forclosure There is a judgment of 80K now on my credit report. I am a 100% service connected disabled vet. What guidance and what are my rights? Thank you I am also 65 and receiving social security. Thank you Peace
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 7 months ago.

Good morning Karen,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

First of all, from one veteran to another, thank you for your service to our country!

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 personal phone conference during which there is no limitation on the number of questions you can ask of me, 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. Was the judgment issued in your home state of Oregon?

2. Was the judgment part of the foreclosure process or was it based on a separate lawsuit filed against you?

3. Aside from Social security and any VA benefits you receive, do you have any other income source?

4. What sort of guidance are you looking for? Ways to avoid paying the debt? Negotiating a payment of the debt?

5. When you ask about your rights---what in particular are you seeking? Rights in what regard?

Thanks in advance,

Doug

Customer: replied 7 months ago.
Oregon. Don't know if filed separately Will probably seek negotiations no other income. What legal access to disability pay do judgment folks have?
Expert:  LawTalk replied 7 months ago.

Hi Karen,

Given the breadth of information I would like to provide to you, as opposed to simply answering a few questions that you might think of, I can best assist you in a phone conversation. There is no time limit to the call and you may ask multiple questions in the call.

Are you willing to have me call you for just $5 more? If not, I will do my best to muddle through here in print.

Doug

Customer: replied 7 months ago.
Do we schedule a time
Customer: replied 7 months ago.
Also I have recently needed to finance a vehicle . Where do I stand?
Expert:  LawTalk replied 7 months ago.

I can call you right now if you would like. You just need to accept the call offer and provide your number to me.

We can talk about your car issues as a second issue at no charge in the phone call.

Doug

Customer: replied 7 months ago.
Are there follow up options available after I receive guidance and take recommended steps?
Expert:  LawTalk replied 7 months ago.

Hi Karen,

I'll take your silence as a "no" to the call offer. Not a problem.

Your social security benefits, as well as your VA benefits, under federal law are fully immune from any claim or attachment by a typical creditor---such as a creditor who has a deficiency judgment against you related to a foreclosure.

However, in order to protect your funds, you MUST ensure that you have a separate bank account that the funds are deposited to by the government. If you commingle other funds that you might have in that separate account, you risk having a court rule that the commingling of funds with your federal benefits renders the funds no longer protected under the law.

If you have no other income other than social security and VA benefits, and you have no significant assets, then it makes little sense to try and reach a payment arrangement with the creditor. If you are essentially judgment proof---which it appears that you are---then there is nothing for the creditor to get at.

As for follow up options, you can always ask follow up questions but the $5 phone call does not include follow up calls, nor does it mean that you are retaining me as your attorney.

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 7 months ago.
Could u possibly address the vehicle financed as it seems to fall under the questions with this concern ? Thank you. My delays to u r b us I am checking g out of a hotel room at the same thing me��
Expert:  LawTalk replied 7 months ago.

Hi Karen,

While the vehicle is a financial concern of yours it does not qualify as a follow up question. It is not directly relevant to your foreclosure judgment.

That is why I offered you the phone call and agreed to answer ALL questions you have.

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

Customer: replied 7 months ago.
It would seem the vehicle is an asset and therefore related to forclosure
Expert:  LawTalk replied 7 months ago.

Hi Karen,

My mistake. I thought that you were wanting information on leasing a car.

If you have a leased vehicle, then it is not an asset that can be touched by any general creditor. That is because it is not owned by you but only loaned to you based on you paying the loan.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Expert:  LawTalk replied 7 months ago.

Good evening Karen,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I would again be happy to offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. As I have already provided you with the information you asked for and if you have no additional questions, would you please now rate my service to you so I can be paid for assisting you? I am not a paid employee, and without your rating I am paid nothing for the time I spent with you. I'm sure you understand.

Thanks in advance,

Doug

Related Real Estate Law Questions