Expert: Michael Brotherton - 12/1/2007

Question
Hello,

I emigrated from the US to the UK in 2001. I now hold dual UK and US citizenship. I had a credit card debt which I was repaying monthly. However, in 2004 the debt was sold to a collection company by the credit card provider (I was still making monthly agreed repayments)

I am currently seriously ill and am an amputee of all 4 limbs, requiring 24 hour medical care (luckily in the UK it is state provided) I contacted the collection agency and explained I was no longer in the USA permanently, had no income and would be in hospital care for the rest of my life. The lawyers acting for the collector who requested payment closed the file for the remaining $3000 outstanding. I believed this was the end of the matter

However, yesterday it appears a fresh company Messerli and Kramer have bought the account and they sent a Constable to my moms house in Utah (I used to live there and the mortgage is in the name of myself and my sister, although I no longer pay any of the mortgage and it is dealt with by my sister on before of an elderly frail mother) He tried to serve papers on my mom who explained that I had not lived or even visited the US in 6 years and would not be able to return due to being in constant care in the UK permanently. I am not even able to leave bed being connected to various machines!

My mom is now scared that there will be a judgement hearing in my absence and that she may be evicted or have people try and seize items etc (I have no property of mine in the USA at all, and not even any in the UK being in permanent care)

What should I do please? I am frantic
many thanks
Claire

Answer
Who is supposed to be paying the mortgage? Are they able to afford the home? If so, it is possible to renegotiate the mortgage and stop foreclosure.  You have nothing much to worry about, however they may lose the home if they do not act quickly. If the problem is financial hiring an attorney may be futile since financial problems are not considered a legal defense. This needs to be negotiated from a financial position. If they can show your sister can afford the property and that there was a legitimate hardship this could be resolved. Most lenders have hardship programs that can give you a fresh start. This is my area of practice. If you or they need help contact me at 877 270 8204. I will be happy to help.