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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33551
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I am 73y/o and live on my social security check of $1,600

Customer Question

I am 73y/o and live on my social security check of $1,600 monthly. My attic heater stopped working and I called someone to give me an estimate. I wound up signing a contract to have it replaced. It was $13,000. Once it sank in that I would be paying an extra $150.00 monthly for 15 years, I panicked. I called to cancel the work but was told it was too late, I had to do it within 3 days of had been5 days, I tried to explain I had no money to pay for this, they told me they would put a lien on my house. I have a reverse mortgage, and they said it didnt matter, they could still do it. they told me they would do me a favor and give me 6 months before making payments, and that they would send someone out today with a new paper to sign stating this. I simply w asnt aware of how stupid it was to get in this mess, and now they say Im stuck with it. Are they right? I really cannot make these payments, I barely make my bills and groceries now. Please help an old woman correct her mistake. Can they put a lien on my house? Can I refuse to sign this new paper? Can I stop them from putting in this unit? Waiting anxiously for your reply. Dana Grace(###) ###-####or***@******.***
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

At some point they could likely get a lien on the house but realistically there isn't much they can do with that lien since you have a reverse mortgage. They can't seize your social security payments or an account in which your social security payments are kept although they could seize any extra monies that go into that account from any other source.

They can't force you to sign the new papers. They can hold you to the contract and they are correct in that you had three days to change your mind but you can argue that since no work had started then the contract hadn't been completed yet.

Your best bet is to go to a local lawyer and let them examine your financial situation and make sure there isn't something there that we haven't discussed (such as other assets) and they can also write the company a letter to advise them that they are 1) not to proceed with the installation and 2) not to contact you. Most lawyer won't charge much, if anything, to send this letter for you.

In the meantime, there is nothing that says you have to allow them in your home.

To sum up, they likely can't collect any money from you even if they sue and get a judgment and because of this it makes them less likely to sue.

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