Served with Court Papers...but something odd happened need help and advice!!! ASAP

[CGame]

Ok, so that means they can come after me in that 10 year frame. "Recourse State" can you explain that to me a bit please? Kind of new to all this and its overwhelming

[Anonymous]

Are you searching the county's district court records?  Or google?

If it's a common collection racket, then google will bring those results back.

It's not a real lawsuit unless the county district court in Indiana has it in their records as an ongoing or disposed case.

I'd still get on the phone to the county district clerk's office in the morning and have them confirm it is a real cause number.

Even if it is, you have not been properly served, so the court has no jurisdiction over you yet.

And just fyi - mini-miranda warnings are NOT required on legal pleadings in real lawsuits.  Only on dunning notices, letters, offers, and such sent to a debtor from a collector.

[Anonymous]

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@CGame wrote:

Ok, so that means they can come after me in that 10 year frame. "Recourse State" can you explain that to me a bit please? Kind of new to all this and its overwhelming

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Non-recourse means the security (meaning the property) effectivley "settles" the debt in its entirely, once its foreclosed on. Recourse means the lender can pursue the debtor for the deficiency left after the sale of the foreclosed property.

[Anonymous]

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@Anonymous wrote:

Are you searching the county's district court records?  Or google?

If it's a common collection racket, then google will bring those results back.

It's not a real lawsuit unless the county district court in Indiana has it in their records as an ongoing or disposed case.

I'd still get on the phone to the county district clerk's office in the morning and have them confirm it is a real cause number.

Even if it is, you have not been properly served, so the court has no jurisdiction over you yet.

And just fyi - mini-miranda warnings are NOT required on legal pleadings in real lawsuits.  Only on dunning notices, letters, offers, and such sent to a debtor from a collector.

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and attorneys ACTING as debt collectors.

[CGame]

I did a search for "cause number search Indiana" then a site came up with a .org. I seached in that site and it came up. When I went to the gov site, it pulled up nothing. Yes, Im gonna have to call. And I may need a lawyer too. 

[coltspacers]

I delt with that same firm on 3 foreclosures I had with Chase.  Did Wells Fargo send you a 1099-C (cancellation of debt) after the foreclosure?

[CGame]

I'm going to check and see if they did. I don't remember since its been so long, but I will check. Any info you can provide about it? What was your experience?

[coltspacers]

To follow up, you mentioned the "3 trial payments".  I'm guessing thats to do with a modification.  When people are behind on payment but want to try and keep the home but cant afford the payments, they will modify the loan and you are required to make 3 trial payments before it gets accepted by the bank/investor.

[coltspacers]

Check your tax returns the following couple of years after the foreclosure because it would have been included on your return.

[CGame]

Ok will do. Yes the papers mentioned that one of the people listed in this thing has agreed to pay 3 payments.