Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We had a HELOC house that was foreclosed on, and the

Customer Question
We had a HELOC for...
We had a HELOC for a house that was foreclosed on, and the HELOC was charged off, but is now on a repayment plan; we've been making the re-payments for 1 1/2 years. 10 years ago, we bought a boat, and it was secured by the boat. We paid the boat off in Feb, and the FCU is holding the title because of the HELOC write-off that is now on a repayment plan. I'd like to know if legally they can do this? The boat was not used to secure the house/HELOC, but was security for the loan that we paid off in Feb.
Submitted: 3 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 6 minutes by:
5/26/2015
Bankruptcy Lawyer: socrateaser, Attorney replied 3 years ago
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,984
Experience: Attorney and Real Estate Broker -- Retired
Verified
Hello, A debt cannot be simultaneously charged off, and yet subject to a repayment plan, unless the debt is sold to a debt collector, and the repayment plan is between the debtor and the debt collector, rather than the original creditor (i.e., the FCU). Is this your situation? If not, then please clarify. Thanks!
Ask Your Own Bankruptcy Law Question
Customer reply replied 3 years ago
No...literally they charged off the HELOC, then sent it to a Collector...I make payments to the Collector, who pays Coastal every month the amount that I pay them. I can see these payments reflected in my account at Coastal, which is supposedly in write-off status, but yet is 'active' as well....and now they are holding the title to our boat, which is no longer encumbered.
Customer reply replied 3 years ago
I've added copies where it shows the Write-off...and copies (that I just made) of the payment history for just this year (2015)..May has been paid and cleared, but won't show on the account until June. So, it technically is in write-off status with a repayment plan....at least, they have a judgement, and I am making payments as agreed.
Customer reply replied 3 years ago
What I want to know is if it is legal for them to hold our boat title when the loan is paid off...they say that they are holding it because of the HELOC in charge-off status....
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Terry L. Your Own Question
Terry L.
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2,717
2,717 Satisfied Customers
Experience: Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

Terry L. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,717 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Am considering Chapter 13, but the atty I spoke with charges
am considering Chapter 13, but the atty I spoke with charges $3000, and I cant afford that … read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I did as you said. And Dept of Treasury gave me the run
Sir I did as you said. And Dept of Treasury gave me the run around, 6 different #s to call and no actual human to speak with Even at 1# ***** hangs up on me. I cant even ask someone to STOP Salary OFF… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
I need to know what I need to file to get my bankruptcy
I need to know what I need to file to get my bankruptcy dismissal vacated. They said they did not get my plan that I mailed… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I am currently on Chapter 13 and I want to dismiss it. Here
Hello I am currently on Chapter 13 and I want to dismiss it. Here is my situation:When I filed for Chapter 13, I filed to get current on the mortgage and save my house. Now that that's happened alread… read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
I'm very much in need of money. I have a car I can't sell,
I'm very much in need of money. I have a car I can't sell, because the payments I owe on it are more than the car is worth. Is there a way I can get financial relief and still be able to keep my car? … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
I have a question regarding chapter 13 bankruptcy. NJ. And
I have a question regarding chapter 13 bankruptcy JA: What state are you in? And has anything been officially filed? Customer: NJ. And yes it was filed Feb. 5, 2018 JA: Has anything been filed in civi… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,799 satisfied customers
I have 21,000.00 in credit card bills and loans. I cannot
I have 21,000.00 in credit card bills and loans. I cannot get an equity loan because the house has been valued 3,000.00 lower than the amount I owe on the mortgage. Although all my bills are current, … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,799 satisfied customers
IRS notice received. I owe over $13,000. I am retired on
IRS notice received. I owe over $13,000. I am retired on $1700 soc security benefits. I plan to file Ch 7. I understand the rules regarding this, except for one, which I hope you can help with. … read more
Terry L.
Terry L.
Attorney
2,717 satisfied customers
I'm filing Bankruptcy Ch13...my personal and business that
I'm filing Bankruptcy Ch13...my personal and business that flopped...I'm ready to start a new business...but was told I couldn't have any money coming in while under Ch13...is this true...how long do … read more
Terry L.
Terry L.
Attorney
2,717 satisfied customers
Home equity is very high. MA Yes I have an attorney. Private
Private school tuition I need to declare bankruptcy as I have too much debt & interest rates too high. I have a kid in private school for personal reasons. My house is very valuable due to the current housing bubble. I don't want to sell my house. Is it possible for me to declare Chapter 13 at a 100% payback. My income is not high but this might be possible for me to pay. The homestead exemption is $500,000 where I live. I have some home equity...I'm not sure how much. I REALLY don't want to move (it will not help my financial situation given the rent prices). Now my house is worth 1.14 million dollars. It's a fixer-upper but my neighborhood is insane. The house has many cosmetic issues. I really must send my child to private school, though I know this sounds like a terrible indulgence. My kid has various issues that are just too much for him in public school. I read that if I pay back 100% of my debt that I can pay the tuition on the private school. It will be difficult to pay the huge amount in 5 years. My income is around median income. But I take it you have to pay in 5 years. You cannot pay in 7 years.… read more
Terry L.
Terry L.
Attorney
2,717 satisfied customers
I have been paying 2 auto loans and insurances for myself
I have been paying 2 auto loans and insurances for myself and for my daughter. Since she pays me nothing for her car or insurance as agreed (and the car is only in my name), I desperately need to get … read more
Terry L.
Terry L.
Attorney
2,717 satisfied customers
I got a home equity loan at least 20 year ago I file
I got a home equity loan at least 20 year ago I file bankruptcy but my house was included The loan was 15,000 and I have never miss a payment .What going on is that every three years my loan is sent t… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I am looking for a bankruptcy attorney- especially the one
I am looking for a bankruptcy attorney- especially the one that I talked to 6 months ago- if you can find him. KK… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
I live in Texas and am in the second year of my CH 13
I live in Texas and am in the second year of my CH 13 bankruptcy. I remarried after my filing and my wife is the sole owner of our home (She had it before we were married and it is mortgage-free). She… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
We are retired military ,need advice on whether to file
We are retired military ,need advice on whether to file bankcruptsy … read more
Terry L.
Terry L.
Attorney
2,717 satisfied customers
What happens to an HSA account with money in it when filing
What happens to an HSA account with money in it when filing chapter 13 bankruptcy? Will the HSA funds become part of the bankruptcy estate?… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,799 satisfied customers
I am filing chapter 13 and have a car loan for $10,750 with
I am filing chapter 13 and have a car loan for $10,750 with the Credit Union There was no title so no lien card as the car was 1956 I had an emergent need to pay a medical bill and to spent the $11,00… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
229 satisfied customers
I am into month 58 of a 60 month chapter 13 and have been
I am into month 58 of a 60 month chapter 13 and have been given a cd for $35000, it was a gift from a dear friend who recently passed away, can I keep it. ? … read more
LegalGems
LegalGems
Juris Doctorate
12,263 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x