We’re in Oregon so I need someone to answer this that understands state law. Our mortgage is easily paid however we have $40000 in unsecured credit card debt. As of now we can no longer pay minimum payments to credit cards but are up to date with our mortgage. We owe $215K on our house but the property tax says it’s worth $279K. I haven’t had a real estate appraiser out yet but I know it’s not worth $279K. We have an exemption in Chapter 13 for what we owe up to $39000 for husband/wife. Can credit card companies place a lien against the house and force foreclosure or do they have to wait until we sell the house in the future before collecting?
Can credit card companies put a lien on my house and force a sale with Chapter 13?
On October 23, 2009 / By Real Estate Law Help / In Oregon-Real-Estate-Law
2 Responses to “Can credit card companies put a lien on my house and force a sale with Chapter 13?”
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wah_hoo_for_freedom said:
Oct 23, 09 at 3:15 amIf a BILL COLLECTOR said that will "put a lien on my house and force a sale with Chapter 13". That seems like it may be a violation of the Fair Debt Collection Practices Act (FCDPA)
threats are not allowed under the fair collections act and if you can prove that they made a threat you can get your debt cancelled in ocourt and often sue them for unlawful practices.
JudgmentCARE said:
Oct 23, 09 at 2:37 pmNO, they can’t unless they get judgment.
If the debt is for consumer goods and services (not commercial) they can not just go off to court and confess judgment for you. They must give you proper notice and chance to defend the law suit.
If a BILL COLLECTOR said that will "put a lien on my house and force a sale with Chapter 13". That seems like it may be a violation of the Fair Debt Collection Practices Act (FCDPA)
You may want to read A primer on the FDCPA (Fair Debt Collection Practices Act at http://www.pennlawyer.com/fdcpa.htm
If you feel your rights under the law were violated, you may want to file a complaint with Federal Trade Commission (FTC) and contact a consumer rights attorney.