Attorney for LVNV Funding Suing me for alleged unpaid debt
(SLC, Utah, Salt Lake)
I opened a CC with initially to purchase 2 new AC units for our home we had the market in 2007. Our home went under contract in Sept 2008. Our buyer held on for 9 months while we fought with BofA/Aurora, and countrywide to accept a purchase price of $545,000.00. At the time our debt was $630,000. with the primary loan at $540,000. The banks took too long, because Aurora was unwilling to pay more than $3,000 to countrywide which was the secondary lien holder. Countrywide in writing, told us that they would rather see it go to foreclosure than allow BofA/Aurora to close escrow, because there insurance would pay them $12,000 instead of the $3,000 being offered.
With that said, our home went to foreclosure and now we are in a class action lawsuit with BofA/Aurora/Countrywide.
My question is this, Since AC units were originally opened with a BofA credit card, and then sometime in 2008 Bof A contacted me to ask if they could transfer this debt over to my chase cc's which I didn't even know I had, because they claimed this was a better financial business decision since the rate was lower. So they somehow transferred the outstanding balance to the chase cards.
Chase in Dec 2009 charged off the amount, and in Sept of 2012 LVNV purchased the debt (at an unknown amount), and is now suing me. I am attempting to formulate a coherent response, however I have no idea if they even have a valid debt. They did not send me any documentation stating I signed an agreement with them, or a copy of the assignment of debt from chase, ect.
I was not planning on paying for the AC units at this time since the house was sold in foreclosure, and the units were attached to the home. Therefore they should be part of the classaction lawsuit, am I right?
Reply from DebtCollectionAnswers.com:
Kimberlee - As far as we can tell, the contract your signed for the credit card that you used to buy the A/C units had nothing to do with the home going into foreclosure. So, while we understand that you ran into difficult financial straits with the home, one has no bearing on the other. (This is NOT legal advice - we are not attorneys. It's just common sense.)
Regarding the debt collection lawsuit, the collector may not be able to successfully prove that you owe this debt. However that's probably not something you want to try to handle yourself, given the confusion over the debt you described above. We suggest you contact a consumer law attorney for advice.
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