Question:
I owned a home in North Carolina that was filed in Bankruptcy in 1998.
I retained the home. I placed the home on the market and got a
potential buyer. I informed the agent selling the home there might be
a second mortgage. I was up front with this information and requested
a title search on the home. The agent failed to accomplish this and
proceeded with a sale of the home. Later finding that I was correct
in the fact of second mortgage. The house fell threw, as I could not
settle the second mortgage in the time restraints presented. The
agent had ordered several repairs on the home and other items. A
company the agent hired turned over the bill to collection. These
were things I did not authorize. I have asked the collection agent
for proof. I get emails I sent however key emails I sent are missing.
Though I get no signed contract for that matter the only contract they
sent me was signed by the agent. I have tried going through the
collection agency and they side with the company. The other company
is friends with the agent.
1. What should my next step be?
2. How do I get this off my credit report?
3. Are emails a legal proof?
4. The collection agent is in NC I am in TX. Does this have bearing?
Answer:
You were attempting to sell a house in NC. The "agent" (a realtor?)
ordered some repairs done to the house which you believe you did not
authorize. The sale fell through. A collection agency has a contract
authorizing these repairs which was signed by the realtor and is trying to
collect from you for the repairs.
Did your agreement with the realtor authorize him to make these repairs?
If not write the collection agency and make the point that you did not
authorize the repairs. Point out that the contract that they sent to you
does not contain your signature. Suggest that they contact the realtor for
payment and demand that they clear your credit record. Wait 60 days and
check your credit report. If debt is still listed speak with an attorney.
