bump
OK, I better tell the rest of the story. But before I do, let me say first that I was very scared of OC and am just becoming empowered and taking back control of my credit and my life!
With that said, here goes.
When I was married we bought This around early '02.
We were already separated (dumb move).
I was stuck with payments. Paid well for about 2-3 years then just couldn't handle it with everything else that came with divorce. DOFD 4/05. (although honestly when I think about it, I think it was earlier than This-can they manipulate This???????)
Did a voluntary settlement (I think it tech was repo or foreclose, idk whatever it was I was not wise and just plain scared so I agreed), paid roughly 1,500. After about a year Started getting harassed, learned they said they needed notarized paperwork signed by me and ex which I did not know was needed. Started the whole voluntary settlement again. This time paid about 2,500. Sent paperwork. Late '09 AGAIN claim they did not receive notarized copy with both me and my ex's sig (he lives out of state)..Saw re-sent.
Found it on EX recently. Disputed. Came back verified updated foreclosure proceedings Started.
Looked up on county website where property is located last night. Already went through foreclosure 2/10. Florida SOL:
Florida Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
I guess I think I am at a total loss at this now or I just don't understand what to do next. I feel I got screwed but of course this was my fault.
BE WISE YOUNG ONES!! BE WISE!!
@epigurl4credit wrote:OK, I better tell the rest of the story. But before I do, let me say first that I was very scared of OC and am just becoming empowered and taking back control of my credit and my life!
With that said, here goes.
When I was married we bought This around early '02.
We were already separated (dumb move).
I was stuck with payments. Paid well for about 2-3 years then just couldn't handle it with everything else that came with divorce. DOFD 4/05. (although honestly when I think about it, I think it was earlier than This-can they manipulate This???????)
Did a voluntary settlement (I think it tech was repo or foreclose, idk whatever it was I was not wise and just plain scared so I agreed), paid roughly 1,500. After about a year Started getting harassed, learned they said they needed notarized paperwork signed by me and ex which I did not know was needed. Started the whole voluntary settlement again. This time paid about 2,500. Sent paperwork. Late '09 AGAIN claim they did not receive notarized copy with both me and my ex's sig (he lives out of state)..Saw re-sent.
Found it on EX recently. Disputed. Came back verified updated foreclosure proceedings Started.
Florida Statutes of Limitation
Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.
The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.
Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).
I guess I think I am at a total loss at this now or I just don't understand what to do next. I feel I got screwed but of course this was my fault.
BE WISE YOUNG ONES!! BE WISE!!
Pay attention to this part they were suckering you into resetting it.
Do you have those two pieces of paper in question ... what was actually on the paperwork that you signed thinking it was an agreement to end further collection of the debt. Sounds like it could have been missing key components of a valid written contract. Can't tell for sure only you know what exactly was on it. Like what is being agreed to a Signature on thier end letterhead.
That notorize stuff is bs that only is for proof that you signed it but they took payment anyway. You need proof that they signed and agreed to the contract.
My only advice for you and anyone reading this is that if you're gonna agree to something make sure everything is in the letter (i.e letterhead sig whatever) and pay in check and by no other means if you haven't already. Pay in check and notate the stipulation on the assigned line for what you intending to make the payment for.
Your financial institution will have a photocopy upon request of the written check if you provide the number of the check and willing to pay a small fee. They agree to the stipulation if they cash the check.
For instance if you notate that this settlement is for what the money is for they cannot cash it and claim that you both agreed that it was a payment on the existing balance because there will be record showing they are lying. Which is probably what they going to play in this case. We were under the assumption she was paying her existing balance so we can update her cr as being paid in full or some other b.s. They have the option not to cash the check or to cash and agree to the stipulation but they cannot claim ignorance once it is in writing.