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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55325
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I sold my house in 2008 as a short sale in Florissant, MO. I

Customer Question

I sold my house in 2008 as a short sale in Florissant, MO. I was forced to pay the difference of the short sale from the loan balance. The house has been sold 2 times since. I received a summons yesterday saying I am being sued from Well's Fargo (my original lender) because I falsified my marital status on the sale papers. I wasn't married when I bought the house, and was divorced when I sold the house. On my divorce papers it was stated my ex had no obligation to the house, nor was his name on any paperwork. What are options or argument?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Richard replied 11 months ago.

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Expert:  Richard replied 11 months ago.

First, you want to make sure this is legitimately a suit by Wells Fargo and not some scam artist trying to intimidate you into paying something you don't owe. It's highly unlikely that Wells Fargo is actually the one threatening this suit. The reason is that Wells Fargo suffered no loss...they received the proceeds from the sale and you paid the shortfall. Thus, Wells Fargo had no damages and they simply don't look back 8 years on these things. Second, you did not falsify anything, and there was no intent to do so. So, it's likely this is being done by a third party collection agency. Send them a certified, return receipt requested letter explaining why you do not owe this debt and demand they immediately cease and desist all further efforts to contact you and/or anyone else to collect this debt. Inform them that any efforts to do otherwise will constitute a violation of the Fair Debt Collection Practices Act and that you will report each and every violation to the Federal Trade Commission. Each violation carries at least a $1,000 fine. Also let them know that should they file any negative credit report, you will be filing a defamation suit against them for both your actual and punitive damages. In my experience, the fine under the Federal Act and the threat of the defamation should be an end to these collection efforts.

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