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About mr_smith_2019

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  1. @WhoCares1000 Thank you for the good feedback. She is mentally ill and I have done everything in my power to get her help. My goal is to avoid losing the house as a result of it.
  2. So I was thinking about this more recently because she has now maxed out her credit (she’s out of control) and what about this scenario... I refinance the house with a different lender and during the refi process we take my wife’s name off the title. Then if she defaults on the old bank’s credit cards they would have no basis at all to put a lien on the house, correct?
  3. Here is my situation: My name and my wife's name are on the title to our house. The Bank mortgage is in my name ONLY, but of course she had to initial/sign all the finance paperwork also because her name is on the title. She has about $20,000 in credit card debts with the SAME bank. The credit cards are all in her name and I am not a signer on the cards. Her only income is social security disability. If she defaults on all the credit card debt I know they can ruin her credit score but cannot actually collect money from her. However, since my mortgage is with the same bank, can the Bank make ME responsible for her debt and cause the mortgage to default also even though she is not the responsible party for the Mortgage and I always pay the mortgage on time?
  4. It was an original creditor that I was dealing with and it appears they actually did what their final letter said they would do, which is delete the account from my credit reports entirely. I am satisfied with the final result to clear it off my credit reports even though it happened 3 years after it should have. If I was still in a fighting mood maybe I would have pursued the FCRA issue but the original fight 3 years ago with the magistrate case, the arbitration case, and the subsequent settlement agreement was plenty of fighting for me already. Since they finally did the right thing, I'm happy with the win.
  5. @Goody_Ouchless Yes, my lender did accept the Settlement Agreement as proof that the account was settled and did not count it as a debt against me when doing my refinance. But first the lender had a 3rd party (the title company or whoever does credit verification stuff) get on the phone with me and the Creditor's collection department. I faxed the collection department a copy of the agreement after they said they had no record of the agreement and asked me if I wanted to pay the collection over the phone. hahahahah!! About a month later I got an unexpected letter in the mail from the Creditor stating "we have deleted the reporting of the account as requested". I will see if they really deleted it the next time I look at my credit reports.
  6. Yes, the magistrate case was dismissed WITH prejudice. Yes, the settlement mentions their rights as follows: The same section "Release by Plaintiff" starts with the following: In considerations of the promises contained herein,and the relinquishments of its legal rights regarding any claims arising out of or related to the Action, the Arbitration Claims, the Plaintiff Account or the Debt, Plaintiff, itself, it's representative managing partners, officers, directors, employees, agents, assigns, successors, servants and representatives (including attorneys), do hereby release, acquit and forever discharge Defendant.....
  7. Three years ago a credit card company sued me in magistrate court for $3000. I invoked the arbitration clause. The creditors' attorney offered me a Settlement Agreement and Mutual Release in which I agreed to drop the arbitration case and the creditor agreed to the magistrate case being dismissed with prejudice. Now, three years later, I applied to refinance my mortgage and it turns out the credit card account is still on my reports still showing the account as an unpaid negative entry and a $3000 balance. I disputed it with the CRAs. I also called the creditor's collection department who said they had NO RECORD of a settlement agreement and asked me if I was going to pay the balance due!!! I told them NO, that is the whole point of a SETTLEMENT AGREEMENT and the language of the agreement says I am released, acquitted, and forever discharged from all claims and liabilities! So then I faxed the signed agreement directly to them and told them they need to correct my credit reports. Two of the CRAs are now telling me the reports have been updated but all the creditor did was show the account as "charged off" since 2015, but they still show BALANCE as $3000 and PAST DUE as $3000. Based on the language of the settlement and release agreement below, shouldn't they at least change the balance and past due amount to ZERO instead of $3000? What can I do now to improve this situation? If there is nothing I can do now, what should I have done differently regarding the settlement agreement when I signed it that would have improved my credit report at the time? The language of the agreement states the creditor will: "hereby release, acquit and forever discharge Defendent and all of his agents, asigns, successors, servants, and representatives (including attorneys), together with any and all other persons who are or might be liable (collectively, the "Defendent Released Parties"), from any and all claims, liabilities, demands, suits and causes of action of every nature and kind, whether vested or contigent, accrued or unaccrued, known or unknowns, in low or in equity, matured or unmatured, whether or not such claims were or could have been brought or raised in the Action."