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Methuss last won the day on February 18

Methuss had the most liked content!

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About Methuss

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  • Birthday 07/26/1971


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    Wesley Chapel, FL

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  1. While we appreciate having those of the legal profession on the board to contribute their experience, please be aware that we have a fairly strict policy against solicitation for services without prior approval from the board owner. This rule is spelled out in the "Please read before posting section." If you want to have permission please send a PM to "Admin" for review and if approved we will add you to our list of approved solicitors.
  2. Pretty much all States and jurisdictions allow for service by posting notice to a local newspaper or law journal if they cannot find you. This is common. Personal service is not required to proceed with a case. If you were unaware of this, you should do a little more research before throwing the BS card.
  3. Credit repair services by any company are generally a scam. They can do nothing that you would not be able to do yourself with a little bit of time. As a matter of fact, the FCRA gives credit reporting agencies the authority to completely ignore disputes and inquiries from companies like this. So you are just wasting your money. There is no "magic bullet" to credit repair. If you follow the methods that have long been published in these forums you will clean it up as best you can on your own with only a few dollars of postage costs. Anything beyond that just takes time to fall off.
  4. I have one word for this...BULL. You have no idea if the company approaching you actually has authority to collect even if it is some thing you think may be valid. The DV process is not just to ensure that a debt is valid but that the person trying to collect is actually authorized to do so. The collector is required to get the validation from the original creditor and then pass it on to the consumer. That shows the collector isn't just some company running from a list that they have obtained. Midland is among several collectors known in the industry to engage in fraudulent tactics to
  5. This thread is CLOSED. Advertising of services without staff approval is not allowed. EricJohn, read the terms when you signed up and the "Read Before Posting/Posting 101" thread from the administrative staff. MEMBER CONDUCT Direct solicitation of our members is never allowed. Advertising your services, or placing contact information (ie: your business phone number, business web address) in your signature is also not allowed except under special circumstances approved by the site owner. You can include that information in your member profile page. This does not include links to members' perso
  6. If the foreclosure resulted in a monetary judgment in a Florida court then the statute of limitation to collect on that judgment is five years. If the judgment was rendered in a court in anotherState, the SoL is TWENTY years. If this is the case, it can list on the CR for the full twenty years or until seven years after it has been paid, whichever comes first. Unpaid judgments (public records) do not drop off credit reports at the 7-year mark like normal tradelines do.
  7. In most jurisdicitons if you get a dismissal on a motion for summary judgment (with or without prejudice) the other side has to pay costs and fees. This can discourage resale on a tertiary market since the JDB had to pay out. Another JDB may not be willing to risk the loss.
  8. The Statute of Limitations on the debt isn't necessarily what you need to be concerned over, given your current circumstances. I would be more concerned about the SoL on judgments. If you are being taken to court this is how long they can continue to go after you if they win the case. California has a 10 year (tolling) SoL on judgments with a 10% annual interest rate added on top. So the amount they potentially win can grow quite a lot. The tolling means if you move out of state or they can show you actively evaded their efforts to collect after the lawsuit has been won, the time they can
  9. Until the BK is actually filed, there are no bankruptcy stay violations. There is definately an FDCPA violation for continuing to call after being informed of retention of an attorney. It's also a definate violation to threaten to send someone to watch your house. Key word private investigator...ergo no police power...Just another citizen. So he threatened to hire someone to stalk you (nice). I strongly suggest you get yourself an in-line tap from radio shack so you can hook up a recording device and get this numb-nuts on audio making these threats. You are not required to tell this bozo y
  10. You may as well answer the foreclosure complaint. Take a look at the filing and see if they are claiming lost or destroyed Note. If they are, object. This is a short-cut many foreclosure mills use to avoid having to produce/dig-up the Note and Mortgage. If they have done this, forcing them into having to produce the docs to show proof they can foreclose will buy you several months. Even after foreclosure you do not have to leave until they file a followup eviction to remove you. The eviction is a separate case that can take 15-45 days to go through so move once you are served on that case
  11. You are only going to qualify for debt settlement if you have some sort of income to pay with. Based on your numbers, you don't. I agree that you should just toss the BK card and get a fresh start. Just learn from this lesson and stay away from consumer debt. If you get back on that train, you will end up at the same station again eventually.
  12. It is my understanding that through the end of 2012 you will not owe taxes on foreclosure deficiencies. A law was passed exempting this from taxation. There should be a check box on the 1099 indicating that it was mortgage debt to show it. Now this only covers if your foreclosure occurred after a re-affirmation on the original loan note. If your loan was never reaffirmed and the loan was discharged, you owe NO TAX on it. The lender was supposed to check a box on the 1099 indicating the debt was discharged in bankruptcy. If they failed to do so under these conditions they have committed pe
  13. Everyone so far is correct. If you were discharged of your liability in bankruptcy you owe nothing and it's not income on a 1099-C. There are only two possibilities as to why the lender issued a 1099-c in this case. Incompetency or Maliciousness. Given how lenders are about foreclosures right now it could be either one. Incompetency is more likely from a 'name-brand' lender like Citi or BofA. Malice is more likely from sub-prime lenders like Aegis and New Century* as their employees just do crap like this to inflict extra payback on bankruptcy filers. *New Century is currently being inves
  14. Mostly true. Sometimes you ask questions to set up the respondent for the next answer you are looking for. (build a foundation) A good question for this custodian is how long they have worked for Citi. Which leads to if they actually were there when the records were created and/or maintained.
  15. Actually, in this case, legaleagle has some good cross examination points if you even get to cross their testimony. It seems odd that Citi would spend the money to fly in a records person to testify. There would have to be a large sum of money at stake for them to do this. But the 22 questions posed are valid questions which would lead toward discrediting the evidence if you can get any sort of admittance that the printed documents submitted to court could be altered. I've used similar questions to discredit printed billing statements where I showed the copy submitted to the court had differ