Mortgage

Which State Will I Be Sued in for My Defaulted Mortgage?

Written by Steve Rhode

Question:

Dear Steve,

Defaulted on my RI condo mortgage in 2013. I am being chased by a Dallas based debt agency for $55,000 for a shortfall in the value of the condo.

I now live in NC. I have spoken to them on the phone and explained that I do not have that kind of money, still working at 67 yrs old. They call me every week on my cell and I get their dunning letters monthly.

Do they have any power over me? Can they sue me in RI or TX or NC?

Bill

Answer:

Dear Bill,

Welcome to North Carolina.

I would not even begin to give you anything that might be an answer here. Here is why.

Where you can be sued is a lot different than where you might be sued. On top of that, we have issues surrounding the statute of limitations that could be raised as a defense if you were sued or the restarting of the statute of limitations if you say the wrong thing to a debt collector.

I would strongly suggest you contact one of these North Carolina attorneys that specializes in representing consumers in debt collection matters.

The attorney may charge you a consultation fee but it will be worth it. They may also agree to represent you and then you could direct any collection calls to the attorney instead of ringing your phone.

This is a complicated multi-state situation that can have deep ramifications. We don’t even know if the collector has sufficient information to even validate you owe the debt.

Just curious, when you defaulted in the debt did you receive a 1099-C tax form from the original creditor? Let me know in the comments below.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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