VANDERBILT MORTGAGE AND OAKWOOD ACCEPTANCE ripoff OAKWOOD FILED BANKRUPTCY, VANDERBILT TRYING TO COLLECT MARYVILLE Tennessee
I bought an Oakwood home in 1998 finanace through Oakwood Acceptance. My house was never set up correctly. One end of my house was never even closed up. I had holes in my roof. Floor damage. Water Leaks. Warped Cabinets..etc...
After 5 years of dealing with this mess and not getting a response, I told them to come and get the house. They were trying to charge me $2000.00 for paying late. Even though I had not missed a payment. They told me to pay the $2000.00 upfront or they would come get my house.
So I wrote them a letter detailing all my problems and told them to come and get it. They called it a Voluntary Repo. They came and got it and I never heard another word from Oakwood. Except for the papers I would get every so often from the Bankruptcy courts..You see, Oakwood had filed Bankruptcy on $40.00 that they OWED me, so I was one of their creditors.
When they came and got my house I was told that I lucked out because Oakwood was filing Bankruptcy and they would sell my house and file Bankruptcy on the defieciency balance. They appartenly sold the house for $14,000.00 in December of 2003, leaving a defieciency balance of about $46,000.00. I know they filed Bankruptcy on the $40.00 they owed me, but I don't know for certain if they filed on the deficiency balance. I was for certain they did, because why else would Oakwood have not been coming after me for the last 3 years. The only reason I can think of is because you can't collect on something that you filed Bankruptcy on. (that is per an attorney)
Now 3 years later Vanderbilt Mortgage is sending me letters and and calling me at work wanting this $46,000.00 and wanring me that I live in a "wage garnishing state".
As far as I know, if Oakwood did indeed file Bankruptcy on the deficiency balance, then another company can't collect on it. I don't know if they are just harrassing me and trying to get what they can get, or if I should really be worried. I can't file chapter 7 because I make way too much money.
Should I hire an attorney and go after them, or just sit around and see what they do? Anybody else had any similiar problem? Also, they have to go to court to garnish my wages right? I live in Oklahoma.
Billie
WELLSTON, Oklahoma
U.S.A.
4 Updates & Rebuttals
Billie
WELLSTON,Oklahoma,
U.S.A.
TWO ATTORNEYS REVIEWED MY CASE-SAY I OWE NOTHING.
#5Author of original report
Thu, November 02, 2006
I recently had two different attorneys review my case. I had filed Chapter 13 in 1999 and it was discharged in 2002. In Oklahoma, on a secured note, in which mine was, if a company does not reaffirm a note after a bankruptcy then you are free and clear of that debt. Well, guess what---Oakwood did not reaffirm. It even shows on my Bankruptcy papers that I owe $0 to Oakwood. My attorneys said they screwed themselves and can't come after me for anything.
Beth
Pontiac,Michigan,
U.S.A.
OAKWOOD/VANDERBILT
#5Consumer Suggestion
Wed, October 18, 2006
Billie, this is probably what happened. Oakwood filed for bankruptcy all right and wrote off the 46,000.00. They then turned around and "sold" the loan to Vanderbilt who will try to collect on it until hell freezes over. Trust me they will try to hunt you down. Send them a "cease and desist" letter then get your items in order and send to the collection agency or attorney (based on the amount I'm sure you will hear from their attorney shortly). You may have to get your's involved. I've been fighting with them for over a year, scared the living crap out of them a month or so ago, sent the local police to my home that was being surrendered and ordered them to arrest them. They called my attorney s**+***** their pants. They never switched the title, hence I still owned it and the police told me as much. I'm getting ready to take them to small claims just for the hell of it, I have LOTS of paperwork to back me up... I would love to get them on a class action. Good Luck!
Beth
Pontiac,Michigan,
U.S.A.
OAKWOOD/VANDERBILT
#5Consumer Suggestion
Wed, October 18, 2006
Billie, this is probably what happened. Oakwood filed for bankruptcy all right and wrote off the 46,000.00. They then turned around and "sold" the loan to Vanderbilt who will try to collect on it until hell freezes over. Trust me they will try to hunt you down. Send them a "cease and desist" letter then get your items in order and send to the collection agency or attorney (based on the amount I'm sure you will hear from their attorney shortly). You may have to get your's involved. I've been fighting with them for over a year, scared the living crap out of them a month or so ago, sent the local police to my home that was being surrendered and ordered them to arrest them. They called my attorney s**+***** their pants. They never switched the title, hence I still owned it and the police told me as much. I'm getting ready to take them to small claims just for the hell of it, I have LOTS of paperwork to back me up... I would love to get them on a class action. Good Luck!
Beth
Pontiac,Michigan,
U.S.A.
OAKWOOD/VANDERBILT
#5Consumer Suggestion
Wed, October 18, 2006
Billie, this is probably what happened. Oakwood filed for bankruptcy all right and wrote off the 46,000.00. They then turned around and "sold" the loan to Vanderbilt who will try to collect on it until hell freezes over. Trust me they will try to hunt you down. Send them a "cease and desist" letter then get your items in order and send to the collection agency or attorney (based on the amount I'm sure you will hear from their attorney shortly). You may have to get your's involved. I've been fighting with them for over a year, scared the living crap out of them a month or so ago, sent the local police to my home that was being surrendered and ordered them to arrest them. They called my attorney s**+***** their pants. They never switched the title, hence I still owned it and the police told me as much. I'm getting ready to take them to small claims just for the hell of it, I have LOTS of paperwork to back me up... I would love to get them on a class action. Good Luck!