For a long time I had superior credit but due to severe health problems I fell behind and could no longer afford to keep up with my payments, I sent what I could consistently. However, I just recently had an award issued against me in favor of Chase credit card company. I know that Texas law states that Unsecured creditors cannot force me to sell my home for unsecured credit card debt the exception being home equity loans, contractor liens or loans for home improvement. My problem is that I also had a credit card with chase. (never used it for anything concerning my house )Could they find some loophole and force me to sell my home since my credit card was with them and they are my mortgage company? Anyone been in a similar situation?
2007-02-03 11:11:53 · 7 answers · asked by Trouble in Texas 1 in Business & Finance ➔ Credit
By the way the award(judgment) is for the credit card only not my house.
2007-02-04 00:54:58 · update #1
The unsecured creditor probably can't take the house, but a mortgage lender certainly can, if you are behind on the mortgage payments. The unsecured judgment won't do for this -- it would be necessary for there to be a separate action of some sort, depending on the type of mortgage loan.
2007-02-03 11:23:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I think you might want to look at how you wrote your question and rewrite it to explain who has the "award issued against" you. First, do you mean judgement. Most importantly, is it with your Chase mortgage or with Chase credit card? There's a good chance that a default with one triggers a default and/or increase in interest rate with the other. Best to seek a legal aid society in your area to get free legal help. Bring in a copy of your mortgage and if you have it, your credit card agreement. I thought that Texas law doesn't make it possible to sell your house even if you get a judgement from a home loan lender, so you really need to consult someone with Texas knowledge.
2007-02-03 12:09:52 · answer #2 · answered by randallbenston 2 · 2⤊ 0⤋
You need to READ the card holder agreement from your Chase credit card and the mortgage you signed with Chase home mortgage. I promise BOTH would give Chase the right to take any money you had on deposit with Chase in case of default on either. I doubt they can foreclose one the house based on defaulting on the credit card. Next talk to the lawyer that represented you in court.
2007-02-03 13:00:44 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
If I understand you correctly ... they may want you to believe that one account can in fringe against another ... but they know they can't thats why they are sending you threats to sell your house.
Keep making payments on your house and let you unsecured card go into default, if that's what you need to do to get back on your feet. There are morgage and federal laws that protect homeowners from this.
2007-02-03 11:22:07 · answer #4 · answered by simply_made 4 · 2⤊ 0⤋
certain you get a duplicate of your Annual Tax bill. seem at it. what's the mixed finished for resources and college taxes. upload in annual property proprietor's coverage. no matter if that is a lot less then your annual escrow contributions then call for Chase decrease it. No reaction from Chase then report a criticism together with your State Banking Commissioner. Majority of banks do no longer allow you to to get rid of Escrow for taxes and coverage no count what others inform you
2016-11-24 23:10:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no, they cannot force you to sell your house. The debts are two seperate debts and cannot be co-mingled.
2007-02-03 11:21:16 · answer #6 · answered by HoustonTexan 3 · 3⤊ 0⤋
you need to talk to a good credit lawyer now.............
2007-02-07 05:03:01 · answer #7 · answered by tennessee 7 · 0⤊ 0⤋