SkyStillSunny

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SkyStillSunny last won the day on July 8 2019

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About SkyStillSunny

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  1. I received notice from Ditech that the mortgage was sold to another company called Shellpoint Mortgage Servicing. Tried calling them, and they were clueless so I was planning on waiting to call them back, but then the Covid-19 hit so we decided to keep the house for another year, and try to sell it next summer. Plans are on hold for now. Her loan actually matures in October of 2020, so I'm wondering if the lien will expire because I have heard of liens expiring after some time.
  2. Sorry, this is a little long, but I wanted to try to get as much info as I know for some advice/help. In 2005, a family member purchased a home, then in 2010 she almost foreclosed on it, but was able to get a loan modification after working with the bank for a year on it. During that year, she didn't pay her 1st mortgage or her 2nd mortgage. Since the 1st mortgage was modified, she was able to keep her home. The 2nd mortgage was with HSBC, and they charged it off. That 2nd morgage was around 55k. Then in 2013, she moved out of state, and rented out her property in FL. She
  3. I appreciate the response. It's helped me crunch the numbers and figure out what's best for my family. I went ahead and applied for the refinance, and it turns out I don't actually have to pay off my 2 collection accounts, so that was good. I was approved for an FHA at 4%, which based on my credit I guess is pretty good. I had a 627 Experian, 612 Transunion, and 650 Equifax. It turns out the refi is actually saving me even more than $500/month. Hopefully the rest of the process goes smoothly!
  4. Thank you guys. That's good advice. I think I'll apply, and determine if it's worth it. Right now my mortgage is ridiculously high, and I feel like I could get it down more than $500/month with a refi. I could easily pay off the 3k in collections at that point. Only problem is that although I have 2 collections, I still have several other charge-offs, that maybe one day a JDB could try to collect on? I still have about 2-3 years before SOL is reached on my accounts. The lender also mentioned that in some cases I could use the money in the refi to go ahead and pay off the collections so I
  5. Hi there, I am trying to refinance my home mortgage, and have about 50% equity on it. But my credit score is bad. It's probably around 620. I have a lot of charge-offs, but notably 2 collection accounts that amount to about 3k. Some of the lenders I've called, when telling them this up front, said that I should pay off the collections, or that the banks might force me to pay off the collections accounts. Is this accurate information? Everything I read says NOT to pay them off, that it will reset the clock if I try to call them to negotiate. Plus, will it even improve my credit score?
  6. Update: Went to court and was prepared with the following plan (thanks all for the advice): Present MTC arbitration If the mention the "ordinary claims," then I would say that I am requesting an injunction in my AAA demand form, which would make the "ordinary claims" exclusion not apply. If the judge denies, then ask for a continuance. I was thinking that if it got to this point, I would prepare a counterclaim instead. Well the attorney comes to meet me during mediation, and I tell him that I'm going to request arbitration. I show him the MTC I prepared, and th
  7. Thank you @fisthardcheese. I will file my answer tomorrow and see how it goes in court in a month. Will update here.
  8. Hi @fisthardcheese or anyone else that would like to provide any suggestions at all. Any thoughts on the above? The clock is ticking before I need to file an answer, and was hoping for some feedback on my approach. Thanks!
  9. Thank you so much @NormInGeorgia. I'm going to see if I can use any of these claims if I file a counterclaim. Also, @fisthardcheese I saw the below in Norm's document at the very end. Doesn't this count as a prayer for relief? So this is my plan: 1. File an answer and deny the claim. Should I go ahead and put my affirmative defense with arbitration? The reason I asked about the counterclaim here is because on the Answer Form there is a section to counterclaim, but I guess you can't deny and counterclaim at the same time. I was confused about that. 2. At my court date, I
  10. How would I be able to ask for an injunction as a defendant? Is that requested on the answer form that I turn back in to the court? What if my injunction is denied? Are there any other common counter claims that these JDBs might be in violation? I have gone through the papers, and it doesn't appear to be any. If I were to find one, would I put my counterclaim in my answer?
  11. Yes, so I'm thinking I just try w/ the MTC instead of mention a counterclaim in my answer? If it gets denied because of the "ordinary claims" I was wondering if there was any other declaratory ruling that I could use that is not of monetary claim that would get me out of that provision.
  12. @NormInGeorgia I don't know if I could file a counterclaim in my answer because I don't think they have committed any FDCPA violations. The amount they are suing for is exactly the amount that is in my credit report. Although the original amount when I defaulted was like 1100, but after all the late fees a year later the amount owed is now closer to $1500. However, I'm not sure those late fees are considered violations. The JDB did not send me the agreement verbiage. It is one I found on the consumer agreement db.
  13. Hello, it's me again. I was just served by Stenger and Stenger (representing Cach LLC) on an account that was dismissed without prejudice last year. The last time they sued me I appeared in court and during mediation I told the attorney that I planned on filing a MTC arbitration. She was confused, and when we went to trial she asked for a continuance. The judge granted it, and we were to appear back in court 30 days later. Well when I came back, no attorney was present so the judge signed a dismissal without prejudice. I did ask him to make it with prejudice, and he denied the request.
  14. I got so flustered that I didn't even give him time to react after I handed him my counterclaim, which in hindsight I should have waited for! I just did NOT want to face that judge again. He scares me and makes me super nervous and I felt like if he asked me a bunch of questions about my counterclaim, then I would probably look like an idiot. I really thought about it and didn't even make a decision until I met with the attorney and just decided that I wanted this settled. I am happy with the results. You guys rock!