My apologies for the length of this post. Please have patience; I could really use all the help I can get so I am posting this in the other forums as well . Scenario: 1. I purchase a mobile home from a Dealer via a Contract with installment payments that says the Contract is to be assigned only to Bank A. 2. The home is delivered and after no more than 2 monthly payments to Bank A, Bank A sells/assigns Contract to Bank B. 3. Title to home, showing lien in favor of Bank A, is issued by state with date AFTER sale/assign of home to Bank B. 4. After almost 2 years of payments and negotiations with Bank B (concerning lack of consideration on contract, fraud, mail fraud, extortion, etc.) Bank B agrees to an accord and satisfaction of the payoff and sends me a letter acknowledging their receipt of my payoff and a release of title (with notarized signature of Bank B officer, signed as â??Attorney In Factâ? for Bank A), and instructions to process the release of title to the home with which I obtain a clear title to the mobile home from the state. 5. Bank B does not send me the original contract I signed. 6. Approximately 3 months after I obtain clear title to home Bank A sues me in the wrong (out of state where the home is located but not the correct venue) jurisdiction with service of process published in a weekly newspaper that I never see since I do not live there.. When I become aware of suit there is already a default judgment and order of delivery (for the home) issued so I am forced to file CH 13 (later dismissed) to prevent losing the home. 7. I file special appearance challenge to jurisdiction and motion to quash process of service, then special appearance motion to set aside default judgment and order of delivery and set the motions for hearing. Bank A dismisses suit and we never appear in that court. 8. Meanwhile, in January 2003 Bank A files suit in correct jurisdiction, while I am still before the court in the wrong jurisdiction, but I am never served until December 2004. 9. After service in 12/04 I file general denial to see what Bank A does next. 10. I also send Bank A attorney, 3rd party debt collector under FDCPA, a dispute and demand for validation. Attorney IGNORES my DV and proceeds to file motion for summary judgment (MSJ). 11. Bank A does not set hearing date for MSJ. Hearing date is set later but I do not receive 21 days notice of the hearing date as required by TX law. 12. I file motion to reset MSJ and affidavit in support of motion, we go to oral hearing, & hearing date is reset. 13. I also file an amended answer with verified pleas and affirmative defenses and I am working on a response to MSJ which will be filed on Friday. 14. I am sending the 2nd demand for validation to Bank Aâ??s attorney in order to have at least 2 violations of the FDCPA so I can immediately sue him (and Bank A?) in federal court. 15. Bank A did not address the issue of the sale/assignment to Bank B, or claim any kind of re-purchase from Bank B, in either lawsuit, Bank A just claims to be the holder of a Retail Installment Agreement. My questions are: Was Bank A ever an original creditor or only an assigned creditor? If Bank A was first an original creditor can Bank A have anything more than an assigned right at this point? Do I dispute Bank Aâ??s erroneous reporting on my credit reports as Bank A as original creditor or collection agency and send validation letter?; All help and advice appreciated. southland 2.
WHAT GROUNDS WOULD BANK A HAVE TO SUE YOU ON? BANK A GOT PAID IN FULL BY BANK B WHEN THEY SOLD THE ACCOUNT TO BANK B WHEN BANK A SOLD THE ACCOUNT TO BANK B THAT RELIVED YOU OF ANY FURTHER OBLIGATION TO BANK A SO I JUST DON'T GET WHY THE HASSLE WITH BANK A ! ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Although it has not happened yet, Bank A may come in and say that Bank A bought the debt back from Bank B and so have a right to collect it. So far, Bank A has not alleged that nor have they addressed the issue in any way. They may bring it up soon if they file a response to our response to their motion for summary judgment. Bank A cannot win their motion for summary judgment based upon pleadings and evidence we filed after they filed their MSJ. As soon as their motion is denied we will file a motion for summary judgment which, if granted, will end the case but it will not award us anything for damages. We need to determine the best way to pursue damages. southland2.
Re: Re: Original Creditor or collection age Although it has not happened yet, Bank A may come in and say that Bank A bought the debt back from Bank B and so have a right to collect it. southland 2 ================= Or bank A is trying to collect twice on the same note. They already got paid in full from bank B so why should they get paid in full again by you?
Re: Re: Original Creditor or collection age I agree. I sent the collection attorney a letter disputing the entire debt and demanding validation. His response was to file a motion for summary judgment. southland2.
Re: Re: Original Creditor or collection age 1*Bank B agrees to an accord and satisfaction of the payoff and sends me a letter acknowledging their receipt of my payoff and 2* a release of title (with notarized signature of Bank B officer, , and 3*instructions to process the release of title to the home with 4*which I obtain a clear title to the mobile home from the state. southland2 ==================== 1*Then it's paid off and Bank a has nothing to do with it. Ever stop to think that perhaps bank b sold it to bank a and conventily forgot to tell bank a that it was a paid off account.Nice deal for bank b they collect from you and bank a both. 2*- 4* All amounts due are paid in full or you wouldn't have a clear title.
