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I am so distraught that I have shingles. I am a woman age 53 on SSI disability and living in HUD apts.  I have bad credit BUT I do not recall owing a 2006 Citibank USA, NA credit card that Midland Funding bought and is having an ALabama atty to sue me;I have been served;I did respond, court is mid February AND crazy as it sounds, I have panic disorder and other physical pains that make me a nervous wreck and I just plain cannot face the thought of court, judge,;no matter why I amn there. I always avoid court-BUT the suit is 5.5 yrs old and I may owe it but I just don't know.  I have NEVER heard a word from Midland Funding about this debt.  When I pulled just one credit rept I seen that one PLUS 2 more Midland bought from T mobile back in 2010 and a TRIBUTE Mastercard from 2009 that I do not recognize(I do the Tmobile) bothe on the rept have discrepancies on dates and amounts vs what Midland says.  I hear Alabama statutes on cred card is 3 years-can u verify that-I dunno if websites are accurate and that is my source. WORST thing is my 96 yr old Mom lives at what was her house till last year when she deeded me part and my 3 kids the other part-so there are 4 people on the deed but mom lives there and reserved herself a life estate when she deeded me her 25% last year...could MF have found that out and that is why they seems determined to go to court? Mama is crying, she is old, it is her house and she is declining mentally and physically and just going down fast and this has set her back a country mile afraid she will lose her home over this with a judgment or lien or whatever. Can u check and see if this is possible since 4 of us are on the deed not just me.  And can I give my part away to one of my sons;I was going to anyway--then they cant bother mamas house which aint even worth $40,000...this is so pitiful.  ANd what do I do about the 2 other charge offs they bought that they may hurl at me next?/ I asked about Ch 7 bkruptcy and was told I cant cause I part own a paid for house, humble as it is. Anything on my credit is past 5 yrs old except that Tmo and I am so nervous over my Mom that I cannot think right.  I cannot afford to pay the suit ($1050.80) to Midland for CITIBANK USA. PLEASE offer me advice. I can say the 3 Midland Fundings on my report are the lawsuit onbe and TMO that has bloomed to $950.00 and that TRIBUTE Mastercard at $800.00. I have no extra $ BUT maybe God will send me a helper IF u think a offer to settle will save the house from Midland and keeo me from having to go in court in mid Feb..

Answer
HI R,

as unfortunate as it is your best bet is to just pay them or offer to settle with them. They would probably take $500 for the debt. If you owe on more accounts then that, then you will need to settle with them or pay them. They don't just go away. If they sue you and get what they call a default judgement, then it will attach to anything you own, including your moms house if you are an owner. That would need to be paid at the time that you sell the home. If they get the judgement however it will usually be more then what you originally owed as they want you to pay for the court costs. Collection companies will settle between 40 and 60 percent of what you owed typically. On lower amounts they want to be paid in full.

You can't give your piece of the property to your son while you are currently in a lawsuit. It would not be protected if you do that. I am sure that you could get a small loan and use the property as collateral to pay off these liens/judgements before the problem gets really out of hand.

I hope that this helps.

Brian

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Brian Pitcher

Expertise

I can answer all questions related to Residential Real Estate. In particular I am an expert in the loss mitigation side. I meet with multiple homeowner on a weekly basis and guide them through the issues of being upside down on their mortgage and what they can do to better it. I can answer questions on Loan Modifications, Short Sale, Foreclosure, Strategic Default, Deed in Lieu. I can also answer questions on the buyer/investor side of things in regards to homeownership or home flipping. I can also answer questions regarding the 1099C or cancellation of debt that homeowners get from a short sale or a foreclosure.

Experience

I run a team of agents called the Pitcher Group, out of Salt Lake City. We specialize in Short Sales and helping sellers get out of tough situations. We have closed over 100 short sales in the past 3 years with our team. I also am an owner of a Short Sale Negotiation company that helps process short sale transactions for Real Estate Agents all across the country. I understand the investment side of Real Estate as I have bought and sold many rental type homes over the years. I also rehabilitate homes and flip them. We usually have 1 to 3 properties going at any given time. Our completion time from bought to sold is usually less then 4 months.

Organizations
I am a member of the national Association of Realtors on the national level and the Salt Lake board of Realtors on the local level. I am a member of the Short Sale Specialist Network as well as multiple short sale mastermind groups locally and nationwide.

Publications
The Short Sale Specialist Network www.savemyutahhome.com The Truth about Short Sales, Loan Modifications and Foreclosures (an ebook that I wrote)

Education/Credentials
Bachelors Degree from the University of Utah in Spanish with an emphasis in Economics. Specialized and on going study of loss mitigation tactics revolved around the banking industry and real estate including FDIC.

Awards and Honors
Bronze Home sales award in 2008 for Keller Williams Gold Home sales award in 2009 For Keller Williams Triple Gold Home sales award in 2010 For Keller Williams Triple Gold home sales award in 2011 For Keller Williams Top Sales agent individual award in 2010 For Keller Williams I have been asked to speak and teach other realtors how to handle short sales for Keller Williams International and also at my local board of Realtors.

Past/Present Clients
I have over 100 successfully closed short sale transactions.

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