Legal Question in Credit and Debt Law in Massachusetts
my deed to my house is in possesion of an attorney collecting a credit card debt, which belongs to my son, who has the same name. I was told in order to get possession of my deed I would have to prove that the deed does not belong to my son. It is my signature on the deed.Can I countersue for him not looking futher into this matter? Or what can I do without hiring a lawyer? Thank You for as much information you can give me. P.S. looking for free information.
2 Answers from Attorneys
You would be prudent to consult with an attorney who specializes in consumer law. There are special detailed requirements of for collection professionals under federal and state law. If in their collection activities these debt collectors violate the law, the may be liable to you.
This Office specializes in consumer law. Initial consultations are usually free. Good Luck!
First, call the attorney, and tell him or her that you own the house, not junior. Second, inform this person (who may not be an attorney at all) that you are aware that you have rights under the Fair Debt Collection Practices Act, which you will cause an attorney to exercise on your behalf, unless he immediately causes any lien on your property to be lifted.
Then send him a letter with your signature, as it may appear on the deed, and your son's signature, which is hopefully different. In that same letter follow the requirements for a 30 day demand letter, as described HERE, which sets forth the relevant facts. It is hard to me to believe that a very thorough investigation was conducted here. Finally, if no action is taken after all of that, feel free to call me.
This situation sounds really amazing.