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Sky Warner

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  • Biography
    Professional photographer, mom of 5.. gee do I have time for anything else?
  • Interests
    writing fiction, credit repair, suing companies who screw up LOL!!
  • Occupation
    Mom- Photographer

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  • Location
    Buffalo NY

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  1. Depends on the state Some states hold OCs.. to thier own FDCPA like CAs
  2. double check your SOL I know in Indiana the SOL for written contract is 10 yrs but a written contract for goods and services is 4 years. Just double check
  3. No they can't do that. Thats communicating a debt with a third party.
  4. I called the IRS and talked to them The principal balance on the loan has to decrease.. not increase Our mortgage went from 58 to 65 (Not 69) There was nothing "Forgiven" you don't get a 1099 C if you refinance for a lower interest rate so that time/length lower interest rate doesn't make sense. That is what we did but they call it a MODIFICATION so they dont have to follow Truth in Lending. They took all their fees and the payments we were behind, put them into the amount of the loan and then "refinanced" it at 6%... But since they didn't follow any TIL or anything else.. they call it a MODIFICATION The IRS lady told me that normally in a modification the mortgage company forgives the past due payments, they dont add them to the loan, hence the 1099 C We didn't get that We have NO rights at all.
  5. Oh I know trust me Ocwen lost their banking license 4 years ago because of the things they did. I think they're trying to pull a fast one on the IRS.. look at the tax write offs they could get if they to this to OH... 20k people? Mine *they said* was a 5700 write off Funny.. cause my mortgage went from 58-69....crazy math
  6. Wait and see if they try and sue you. I would use their breach of peace as an affirmative defense their lack of letter the lack of explanation of how they calculated the balance Then counter-sue for the damages to the car.. until the car is in THEIR possession, your insurance would cover it.. so they damaged YOUR car. and got less at auction because of it There are a lot of angles here to explore
  7. Oh no... every penny to the dime was added to the loan. It went from 58 to 69K..all their bogus appraisal fees, lawyer fees etc..were in there. The 1099C is for around 5600..of which 2400 was interest. If that is the case then why did I get over 10k added to my loan? And for the record.. this is Ocwen.. so we know that they are always trying to find ways to cheat the system. Thanks.. gotta call the IRS.. I have all my paperwork that shows what was added to my mortgage
  8. I understand a 1099 C is for mortgage debt that is forgiven. But I just did a loan modification from my mortgage servicer but every DIME of back money owed, plus fees was added to my loan. So how is this a cancellation of debt when I am paying it back.. with interest? Anyone got a clue?
  9. Mitchell N Kay is a nerd Respond with a DV.. copy of the dismissal FOAD statement and leave it at that. When I DVd them they went running into the woods. They tried to collect a fingerhut account (I never had) for 18 dollars and had the balance up at 800!!!! I told them to FOAD.. sent them A DV too and they never resurfaced.
  10. IF they dont own the account.. then a PFD is pointless. The OC is just letting them collect. I would just try and get them down to the 30% and leave it at that. You aren't going to get much better than a settled for less than the full balance. It dings the score but it does look like you owned up and paid. Just my opinion
  11. I think you might be S.O.L period on this one. You can't dismiss it, vacate it or argue it because it is public record.. now the good thing is they cant come after you for it.. but the fact still remains.. I would try disputing as not hers as the SSN's don't match If you've moved, try using addresses dont match. I got a judgement removed that way. Lots o luck
  12. CONGRATS TO YOU!!! Trust me.. I have sued MANY collection agencies over the past 4 years (Amazing what a divorce does to your credit) I have collected close to 25k in settlements.. attorney took about 30%.. so you do the math. I am suing a CA and 2 CRAs in court right now. The best thing you ever did was hire an attorney.. the calls will stop and you'll prolly get a nice couple grand for your trouble. Tell the attorney about your kids overhearing and how upset they are. That is damages sister!!! Good luck to you and keep us posted!!!!
  13. Answer it... and say in a very professional CSR voice: Good afternoon, I am taping this call.. you have received my written request that you not contact me by phone which your company signed for on XXX , are you calling to offer me $1000 for your violation of the FDCPA or to tell me you're closing my account?
  14. Suing Experian for this very thing right now.. case is in Fed Court.. They just answered the complaint.. with 23 affirmative defenses.. my favorite being that I Failed to mitigate my damages because they wouldn't let me dispute an account that wasn't mine and was listed wrong and as in BK. ROFLMAO I figure my lawyer will just get peeved and make them pay more!
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