My question involves collection proceedings in the State of: Indiana
Back in 2014-2015, we contracted with a debt consolidation company to help us with debt relief. We were stupid and it was a company from hell. Unfortunately we did not realize it until a year later,. Basically, they negotiated to reduce our credit card debt (60,000 but only helped with 30,000 of that). We did not know or were not fairly told that they would negotiate but whatever they got us out of they took for their "fee". We were under the assumption that they would take a percentage of a fee but not half. So, what we had allocated to pay if off actually did not as this company took half. So we were left with 3 credit cards of $42,000 unpaid when we left the agreement. We were also not told or were unaware that the amount they negotiated down would be charged as income (even though we had to pay it to the debt settlement company) and were left with a $20,000 tax bill to the IRS. Yes, we were stupid but I don't believe we were told all the charges and ramifications of the agreement.
3 creditors sued us for the money. We went to court to remedy but 1 we know of was given a judgment. We were not in court for the other 2 and did not get notification. My husband was on social security at the time and I was on disability starting in 2015. We expected to try and reach some agreement with the one but never heard from them. Frankly, we did not have the money to pay and was selling off whatever we could to survive. The debts, by the way, were in my husband's name only. And the lien is in his name only.
While fighting for disability, we had to buy marketplace insurance for me and when I was back awarded it, all that insurance became taxable income. what a mess and it added to our tax burden. We were not aware of this either. In 2019, we were attempting to get refinancing for our home in order to pay taxes and to live on as medication is very expensive for us and Medicare did not cover my diabetes medication. Sometimes I went without. I also had to have spinal fusion surgery in 2019. Unknown to us, we discovered that these 3 companies had filed a lien on our property (about $42,000) and we can not get refinancing because of this.
Our real estate is listed on the Deed as John Doe and Mary Smith as joint tenants with full rights of survivorship. We have since married but have never changed the Deed. We still have a mortgage on the house. We were told that even if my husband would file bankruptcy, the liens would not be dismissed. Is this true? I have a property in my name only that I am selling on land contract. I was told that if I file bankruptcy also, this property would have to be sold or the income I receive from it would be used to pay the creditors. Right now, I have only received $6000 from it but am suppose to receive a payment of $12,000 at the end of 2020 (even thought I have not gotten it yet and frankly, am not sure I will and may have to cancel the land contract). How can we or what can we do to have these liens removed so we can get the mortgage refinanced, pay taxes, and be able to live and afford medications? We have talked that we would we willing to pay these credit cards about 1/3 of the outstanding balances if they would release the liens. Is there anything we can do about the debt collection agency and their "fees" at this late date? It wiped out our savings, we cashed in insurance policies, and sold a lot to pay these off.
Background story... we both had high paying jobs at one point and little credit card debt as we were able to pay for much. First my husband was laid off at 60 and could not find a job, we lived on his pension for a few years and our credit cards. 2 years later, I was laid off at my job and due to age and disability I could not find work, We went from $180,000 a year to $26,000. But still had debt to pay for. We were trying to pay off this debt and got screwed big time.
Thanks for any insight and/or help.
Hi, Any thoughts> Thanks