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SkyStillSunny last won the day on July 8 2019

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  1. Thanks @BV80 I think I understand now. Since my DOFD was in August 2015 and in GA the SOL is 6 years, so I think I'm cleared of being sued anymore thank goodness! And if those items don't drop off in August of next year, then I will request it. I just found it odd that the "on record until" dates didn't seem to match up to what I thought I calculated. Appreciate it!
  2. Hello - I am in GA, and the statute of limitations to sue for a debt is 6 years for credit card and collections I believe. I've been in small claims so many times, but it has dropped ever since Covid. I would prefer not to go again. Here is my question. On my Experian report I can see "On Record Until" and it says June 2022. On the same account in my Equifax report it shows DOFD as August 2015. Does this mean that the negative item will drop off my credit report on June 2022? I thought those dropped off after 7 years + 180 days, which if went by my DOFD, then that would be February of 2023. Which date is correct for dropping off my report? Also, since the statute of limitations is 6 years from DOFD, then will the debt collectors still be able to sue me, since according to that example, then that window should be closed as of August 2021. Is that correct? I am still getting collection letters, but I thought it should stop after that date if the statute of limitation is up. All these date calculations that I tried to go through are confusing. I'm just looking to see which date I should be looking at to see when the debt collectors can sue, and the date in which those items will drop off my report. Experian only shows me "On Record Until" and Equifax only shows me "DOFD". Thank you for any explanation you can provide!
  3. I know I didn't receive a reply, but thought I'd update in case anyone else came across this issue. I was able to contact the attorney, and they gave me 2 options. 1) Pay the judgment in full if I took a payment plan, or 2) Pay 70% and they'd drop the interest that accrued over 10 years (6%), but I'd have to pay in full in a one time payment. I took option 2, and they will drop the judgment once it's paid in full.
  4. I got a notice of filing of foreign judgement which was filed in my current county in GA (Gwinnett). This was a judgement from 2011 when I lived in FL. The paperwork says it is a "Complaint to Revive a Dormant Judgment." I guess it became dormant in 2018, and now they want to revive it in GA because that's where I currently live? They are still within the time frame to revive it. The complaint was filed by RAS LaVrar (in FL). They sent me all this through certified mail and presented an exhibit which was just the agreed final judgment signed in 2011. The last page indicates that I have been summoned and required to file with the clerk of court and serve an answer. My question is what should I answer with? Do I have any reason to oppose the revival? Or do I let the judgment revive? Should I ask to validate the debt, which seems pointless since the judgement from FL pretty much indicated I acknowledged I owed it so I don't know if they would even need to provide that. I would prefer just to negotiate a settlement, but if I pay on this, does it suddenly get added as a negative item to my credit report? My current credit report shows no judgements, but I'm afraid if they revive this, then it will now go on my credit. Does anyone know if the judgment will now suddenly appear if it is revived? I would prefer to just pay and not have this judgement on my credit. It's about 3K. But I'm not sure if I have time to settle this before I have to answer. Not sure how to answer this summons if I can't really oppose it?
  5. 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.
  6. 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 has had tenants in her home for the last 7 years. She wants to sell this home because she's really not making any money from the rental. And this is where we learned (the hard way) about how that 2nd mortgage really came back to haunt her. The title company found that there was a 2nd mortgage, and after some digging, after the charge off, it was sold to DiTech Financial, so they hold a lien to the house. They want 55k to release the lien, and well if we sold the house, then she would be under if she had to payoff the 2nd mortgage too. After all the fees for the real estate agent, closing, etc. and it means she'd end up paying to sell her house. She really needs to offload it because she can't manage the rental any longer and pay for repairs. Well when we tried to call DiTech, we got the run around and can never get someone to call us back. We want to try to settle, but we just found out that they are going through a bankruptcy! Does anyone have any advice about our best options here? Would DiTech settle a portion of the balance to release the lien, but honestly, would they have any incentive to knowing that we are trying to sell the house? Since the account is charged off, and it's been 10 years, then the debt essentially is not owed, but DiTech still owns the lien. Should we try to get an attorney to help? Would an attorney have a better chance of getting the lien removed? The security instrument states something to the effect of: "Borrower is indebted to lender... and providing for monthly installments of principal and interest, with the balance of the indebtedness if not sooner paid due and payable on October 1, 2020" So after that date of October 1, 2020, even without a recorded satisfaction, shouldn't the title agency consider the lien expired? When I contacted the title agency, they said that they don't consider it expired until 8-10 years after the maturity date! Does that sound right? I guess she just assumed that since the chargeoff/lien was put on the property in 2010, that it would be expired by now and she wouldn't owe that money. Anyway, I'm asking because I wanted to see if we had any negotiation power when we try to call DiTech again to settle so that she can sell the house! Since they are in the middle of filing for Ch. 13 bankruptcy, I don't know how willing they would be to negotiate with us, and even if they still own the debt. Maybe they sold it, but she has never gotten a letter about it if so. Honestly any advice, or sharing of similar experiences would be appreciated. This is a close family member, and I need to try to help her.
  7. 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!
  8. 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 wouldn't have to even pay any money up front for that. Would that be such a terrible idea?
  9. 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? Any advice is appreciated! Thank you.
  10. 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 the credit card agreement. He says this to me: "Georgia doesn't allow small arbitration through magistrate." And I reply, that's because it wouldn't be through the court, it's private arbitration. And then he mumbles something about small claims and looks through the agreement, and says "ok, well if you really want to go through with arbitration." I say yes. See the judge and my court order for arbitration gets signed! The judge did tell me that I should contact Cach LLC first to let them know. Not sure what was meant by that, but I plan on sending the AAA demand form to the law firm and the JDB. The attorney wouldn't give me a business card because he said that he's just filling in, so I will just send them to the address on my papers. However, I don't have an address for Cach. Just curious, but when I send in my AAA and copy them, how do they know it's in reference to this particular case? I'm sure they'll ignore it like all the others and we'll go back to court, and again, I'll get it dismissed withOUT prejudice because the judge never seems to dismiss with prejudice unless I've settled with JDB.
  11. Thank you @fisthardcheese. I will file my answer tomorrow and see how it goes in court in a month. Will update here.
  12. 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!
  13. 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 will present my MTC arbitration. 3. If the attorney calls out the "ordinary claim" verbiage of the agreement, then I bring out my AAA form. (This agreement only has AAA as their arbitration option.) Should I file the AAA case now or wait? In my AAA form, I will submit this to the judge as evidence of the fact I'm not precluded by the "ordinary claims" exception in the contract. So what do I need to write in the claims section of my AAA form to indicate that I'm requesting an injunction? Do I have to find a claim? Like asking them to remove it from my credit report? Not sure what to write here... 4. What if the judge doesn't agree that my evidence does not preclude me from "ordinary claims"? Trying to think of all options here, because I'm certain this judge will find a reason after having seen him several times before. Thank you!
  14. 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?
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