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Dilemma..should I continue to pay on bank loan.?
Ok, I got screwed on some solar panels for the house. The loan is approved. The installer pulls the loan to purchase the panels for install. So now I am on the hook. Then, they proceed to get the permit to install. There is a problem with my property plat so they could not proceed until that was taken cared of. I am paying on the loan at this point. The plat needed to be a subdivision plat.
The panel installer is now bankrupt and no longer around. The owner is now up in Iowa..somewhere.
I cant remember what I used as collateral. I think it was my truck. I have been at my job for 18 years. We are about to move into a new house. At this point, all of my debt outside of this loan will be paid off. Truck title in hand, different address, etc.. Excellent credit.
I know I would take a hit on my credit score but what else would I be looking at if I decide to stop paying on this loan...after we are settled in the new house? $15K loan with a balance of ~$13k now.
What are the chances of the courts getting involved when it gets sent to collection. Again, I wont be living at the house that is on file at the bank. Can the collection agency dig into records to find my new address?
I live in Texas.
10 Answers
- WhoLv 71 year ago
1) they aint gonna go to collection unless they are prepared to go to court if you dont cough up
(and their expenses in going to court will be added to the amount you owe
2) to change your address without notifying the lender is fraud
3) they sure can dig into the records to find your new address - and their costs in doing this will be added to the amount you owe
worst case scenario - they sue for bankruptcy - you lose, your credit rating is none existent and your truck gets seized + anything else you have of value
if you have bought the house with a mortgage there is a good chance your mortgage will be terminated and you will have to repay it or it gets foreclosed
NOT because of the bankruptcy , but cos most likely cos you never told the lender about the debt and informing them of your debts is required on every mortgage application I have seen.
And THAT would mean you obtained the loan under false pretences and THAT is fraud
(no point at all of suing the installer
the only reason he could not install was due to your negligence (it was your responsibility the property plat was in order not his)
In fact its possible HE could have sued you if your negligence led to him going bankrupt
- Beverly SLv 71 year ago
You may want to make sure the loan collateral isn't your home. Normally when doing major home improvements the lender uses the home as the collateral.. since they know they will get paid eventually when you sell or refinance the home. Edit: look up UCC fixture filing in google for more info. I do mortgages for a living and have seen this happen many times when a customer goes to sell or refinance & find out they have a UCC filing against their home & didn't read the paper work when they did the loan.
Source(s): Mortgage lender 33 years. - SlickterpLv 71 year ago
You sue the installer for the money since they never did the job. You need to be proactive.
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- realtor.sailorLv 71 year ago
I don't understand what the plat has to do with it. At the most, and I doubt they would need it, is a survey of the property. Also, how was the installer able to "pull the loan?" The loan should be in your name. I would look into the possible collusion between the installer and the lender. To answer your question, you are responsible for the loan but I would contact the attorney general and Texas' department of banking.
EDIT: Two years ago you posted a similar question but never got the permit. ????
- Anonymous1 year ago
not only they can - they will. and when they re through with u your debt will be 50 k instead of 15k and ys they will take u to court - 50 k is a lot of money
- ?Lv 71 year ago
Start out by filing a complaint with your states Attourney General, department of consumer affairs, if they file bankruptcy you want it on record that they owe you money, and while you may not ever see it. It might help you with the hit your credit is going to take if you default. Talk to the bank, talk to your state AG before you do something you will regret,. If you default they could put a lien on anything you own
- Anonymous1 year ago
Well, do you want bad credit for 7 years? Do you want your truck repossessed? Do you want to possibly lose your house? Or have a lien put on it?
Paychecks can't be garnished in texas.
- R PLv 71 year ago
Yes, you should continue making payments on a loan that you took out. Why do you think it is OK to screw the bank out of their money that they loaned you in good faith?
The rest if your whiny details don't change the fact that you signed a legally binding contract and you did so on your own free will.
- Anonymous1 year ago
The bank is not at fault. You would be sued and they will get a judgement against you.